More Coverage
Twitter Coverage
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
- Supreme Court rejects Sanjiv Bhatt’s plea in the explosive 1996 drug planting case, as Kapil Sibal steps in to defend the disgraced ex-IPS officer amid mounting legal turmoil
- “Keep your pity because you’re going to need all your pity for what’s coming”: Central Government declared PFI a terror outfit of radical Islam, its associates or fronts as an unlawful association and ban them with immediate effect, for a period of 5 year
- Deputy CM Manish Sisodia’s close aid Nisha Singh held guilty and sentenced to 7 years in prison for inciting violence: A bevy of eminent intellectuals called it a political vendetta to whitewash her criminal behaviour
- Shivling discovered in the Gyanvapi complex during a survey after the water was pumped out of a well that Muslims were using as 'Wuzukhana' for washing their hands and feet before offering Namaz
- "Law is not law, if it violates principles of eternal justice": Justice DY Chandrachud is set to become India’s 50th CJI, a judge known for his often liberal and dissenting views has been part of some landmark verdicts of Ayodhya, Section 377 & Sabrimala
- ‘Realisation is same as jail’: Delhi High Court invoked Fyodor Dostoyevsky’s book 'Crime and Punishment' to reduce life sentences to 10 years for five Jaish-e-Mohammed terrorists—Bilal, Sajjad Khan, Muzaffar Bhat, Mehraj-ud-Din, and Ishfaq Bhatt
- Husband submitted that his wife living separately for 10 years, she implicated false 498-A IPC, in which he was acquitted, and prayed for divorce on ground of mental cruelty: Court concurred disputes not serious
- "To no one we shall sell, to no one we shall deny or defer right or justice": Delhi High Court refuses to entertain Sameer Wankhede plea seeking protection in the disproportionate assets case, came to limelight as NCB questioned celebrities in drugs case
- CJI Bhushan R. Gavai’s collegium recommended his relative Raj Damodar Wakode for Bombay High Court, reviving anger over NJAC’s rejection and raising sharp questions on nepotism, secrecy, and whether India’s judiciary serves merit or family ties
- 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'
- "If we desire respect for the law, we must first make the law respectable": Secular Court of India - “You can hold Pooja somewhere else" denying permission for Ganesh Chaturthi celebrations at disputed Idgah Maidan in Bengaluru, Kapil Sibal fought and won
- Allahabad HC’s Justice Anil Kumar rules birth caste is permanent despite marriage or faith, a move sparked by an Aligarh clash that may shift the future of SC/ST rights and lead to legal misuse
- "You can tell a lot about a civilization by the quality of people found in its jails": President Murmu’s caution on overcrowding of prisons is a wake-up call to the executive & judiciary, says "Hope you understand what I said and what I refrained from”
- Hindu side filed reply in Supreme Court: 'Gyanvapi property belonged to Lord Adi Vishweshwar since time immemorial, even before the Islamic rule in India, and hence cannot be handed to anybody'
- Does the Places of Worship Act 1991, really forbids any transformation in worship’s religious character after August 15, 1947? Gyanvapi compound may lead to its exemption if found more than 100 years old

























