trap

There are two kinds of trap-(a) legitimate trap, where the offence has already been born and is in its course, and (b) an illegitimate trap, where the offence has not yet been born and a temptation is offered to see whether an offence would be committed, succumbing to it or not. Thus the first is where the bribe has already been demanded from a man and he goes out offering to bring money, but instead goes to the police an the Magistrate and brings them to witness the payment. This is a legitimate trap laudable and admirable. But the second is where a man has not demanded a bribe, but he is only suspected to being the habit of taking bribes and he is tempted with a bribe, just to see whether he would accept it or not and to trap him. If he accepts it, it will be an illegitimate trap and unless authorised by an Act of parliament, it will be a an offence on the part of the persons taking part in the trap and they will all be accomplices where evidence will be to be corroborated by untainted evidence. [1952 M 561; (1947) 2A 11 ER 572].