More Coverage
Twitter Coverage
Satyaagrah
Written on
Satyaagrah
Written on
Satyaagrah
Written on
Satyaagrah
Written on
Satyaagrah
Written on
JOIN SATYAAGRAH SOCIAL MEDIA
"Justice delayed is justice denied": Public servant can be held guilty under Prevention of Corruption Act based on circumstantial evidence: Supreme Court, 'mere acceptance of an illegal gratification without anything more would not make it an offence'

The Supreme Court on Thursday ruled that in a public servant can be held guilty under the Prevention of Corruption Act based on circumstantial evidence in the absence of direct evidence [Neeraj Dutta vs NCT Delhi].
|
A Constitution Bench led by Justice S Abdul Nazeer and also comprising Justices V Ramasubramanian, BR Gavai, AS Bopanna, and BV Nagarathna said that the proof of demand and acceptance of illegal gratification can also be proved by circumstantial evidence in the absence of direct oral or documentary evidence.
"In the absence of evidence of complainant (direct or primary), it is permissible to draw an inferential deduction of culpability," the Court held.
However, presumption of fact with regard to demand or acceptance of illegal gratification may be made by a court of law by way of an inference only when foundational facts have been proved, the Court clarified.
The Court further said that in order to prove the demand and acceptance the following aspects have to be borne in mind:
- If there is an offer to pay by the bribe giver without any demand by public servant and the latter simply accepts the offer and receives the illegal gratification, it is a case of acceptance as per Section 7;
- If public servant makes a demand and giver accepts it, it is a case of obtainment. In both cases, the offer and demand have to be proved by the prosecution as a fact in issue;
- Mere acceptance or receipt of an illegal gratification without anything more would not make it an offence under Section 7 or 13(1).
|
The bench also held that there was no conflict in its earlier three-judge bench decisions which gave rise to the Constitution bench reference with regard to the nature and quality of proof necessary to sustain a conviction for offences under Sections 7 and 13(1)(d).
The Court had on November 22 reserved its judgment in the matter dealing with the following question of law:
"Whether in the absence of evidence of complainant/direct or primary evidence of demand of illegal gratification, is it not permissible to draw inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 based on other evidence adduced by the prosecution?"
The reference to a 5-judge bench arose after a 3-judge bench in August 2019 noted that the law in concern as laid out in its decisions in B Jayaraj vs State of Andhra Pradesh, and P Satyanarayana Murthy vs District Inspector of Police, State of Andhra Pradesh and Another, conflict with its decision in M Narsinga Rao vs State of AP.
|
|
Specifically, the issue was regarding the nature and quality of proof required to sustain a conviction for the offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption (PC) Act, when the primary evidence of the complainant was unavailable.
In Satyanaryana Murthy, the Court had held that, in the absence of primary evidence of the complainant due to his death, inferential deductions to sustain a conviction was impermissible in law.
In Narsinga Rao, the top court had sustained convictions despite a lack of primary evidence by relying on other evidence and raising a presumption under the statute.
Several appeals under the PC Act had subsequently been adjourned by the top court citing the pendency of the present reference.
Senior Advocate S Nagamuthu represented the lead appellant in the case.
Additional Solicitor General Jayant Sud appeared for the prosecution.
References:
Support Us
Satyagraha was born from the heart of our land, with an undying aim to unveil the true essence of Bharat. It seeks to illuminate the hidden tales of our valiant freedom fighters and the rich chronicles that haven't yet sung their complete melody in the mainstream.
While platforms like NDTV and 'The Wire' effortlessly garner funds under the banner of safeguarding democracy, we at Satyagraha walk a different path. Our strength and resonance come from you. In this journey to weave a stronger Bharat, every little contribution amplifies our voice. Let's come together, contribute as you can, and champion the true spirit of our nation.
![]() | ![]() | ![]() |
ICICI Bank of Satyaagrah | Razorpay Bank of Satyaagrah | PayPal Bank of Satyaagrah - For International Payments |
If all above doesn't work, then try the LINK below:
Please share the article on other platforms
DISCLAIMER: The author is solely responsible for the views expressed in this article. The author carries the responsibility for citing and/or licensing of images utilized within the text. The website also frequently uses non-commercial images for representational purposes only in line with the article. We are not responsible for the authenticity of such images. If some images have a copyright issue, we request the person/entity to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will take the necessary actions to resolve the issue.
Related Articles
- "अंधा कानून": Rajasthan High Court overturns a decades-old rape conviction, ruling that removing a minor’s innerwear and undressing oneself does not constitute an 'attempt to rape,' but rather 'outraging the modesty of a woman' under Section 354 IPC
- "It is not titles that honor men, but men that honor titles": CJI DY Chandrachud lamented, "Hundreds of young people die in India due to honour killings merely because they love someone or marry outside their caste or against their family's wishes"
- "Spirit of truth and the spirit of freedom-they are the pillars of society": Social media today has become a powerful medium for exchange of views, expressing opinions and thus has become important pillars on which our democracy stands: Bombay High Court
- "कृष्णलला हम आयेंगे": Allahabad High Court delivers a historic verdict favoring Hindu devotees in the Krishna Janmabhoomi case, dismissing the Muslim side’s plea and affirming the legal standing of Hindu claims under key acts, marking a judicial milestone
- "Traitors are hated even by those whom they prefer": Bengaluru Eng student Faiz Rasheed sentenced to a 5 year jail term for celebrating Pulwama terrorist attack on Facebook, said more such attacks needed to free Kashmir and asked "how is the khauf"
- "Power of the lawyer is in the uncertainty of the law": Kerala High Court - Nudity should not be tied to sex. Mere sight of the naked upper body of the woman should not be deemed to be sexual, Just as beauty is in the eyes of the beholder, so is obscenity
- Only Dhimmis can be a good Hindu – An article on Shekhar Gupta’s ThePrint argues ‘defending namaz’
- In a case regarding child custody of 11-year-old Kanak, Court orders minor girl to be sent to Nari Niketan: Rajasthan
- Due to high public interest, the Law Commission has extended the Uniform Civil Code feedback deadline by two weeks, meanwhile, AIUDF leader Badruddin Ajmal misinterpreted the UCC, linking it to uniform attire and diet commenting 'sarees-for-all'
- "चलो फिर से": Baba Ramdev claims "crores of people are dying" from toxic modern medicines, comparing their deadly impact to British rule, Islamic invasions, and revolutions by Lenin, Marx, and Mao, despite Supreme Court warnings against fearmongering
- In an unexpected turn, the Supreme Court acquits woman accused of killing her newborn; says High Court, trial court possibly didn't respect her right to privacy, it's enlightening to see how privacy might now overshadow the scales of justice, isn't it?
- "अल्हम्दुलिल्लाह!!! Mob has no religion": The Rajasthan High Court grants bail to 18 Islamists accused in the Hindu Shobha Yatra attack in Chittorgarh, highlighting the challenges of pinpointing culprits amidst the chaos of mob-induced communal violence
- "From colonial past to a just and fair future": Amit Shah introduces new bills replacing IPC & CrPC, targeting sedition, mob lynching & deceitful relations, emphasizing citizens' rights and timely justice through a major shift in India's criminal justice
- "न्याय, मलाई मार के": In 1992, hundreds of Hindu girls were exploited in the Ajmer gangrape case by 'Khadims' of the Dargah and ex-Congressman Nafis Chisti, with the perpetrators only being convicted by the POCSO court after a long, grueling 32 years
- "Festivals are happy places, and you don't really want to enjoy them on your own": CJI, Supreme Court ~ "Why do we always want to portray that religious festivals are the time for riots; for example, there are no riots during Ganesh Puja in Maharashtra"