Admission and acceptance of bribe is ‘sine qua non’ for constituting offence under the Prevention of Corruption Act; Gujarat HC [Read Judgment]
8 years, 10 months ago

Admission and acceptance of bribe is ‘sine qua non’ for constituting offence under the Prevention of Corruption Act; Gujarat HC [Read Judgment]

Live Law  

Mere acceptance of any amount alone by way of illegal gratification or recovery thereof dehors the proof of demand, ipso facto, reiterated, would not be sufficient to bring home the charge, said the Court.In a recent Case, Gujarat High Court has held that admission and acceptance of bribe is sine qua non for constituting offence under the Prevention of Corruption Act.The Court was hearing. Mere acceptance of any amount alone by way of illegal gratification or recovery thereof dehors the proof of demand, ipso facto, reiterated, would not be sufficient to bring home the charge, said the Court. In a recent Case, Gujarat High Court has held that admission and acceptance of bribe is sine qua non for constituting offence under the Prevention of Corruption Act. Mere acceptance of any amount alone by way of illegal gratification or recovery thereof dehors the proof of demand, ipso facto, reiterated, would not be sufficient to bring home the charge.

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History of this topic

Prevention Of Corruption Act | 'Demand & Acceptance Of Bribe Not Proved In Trap Case' : Supreme Court Acquits Govt Employees
1 week, 5 days ago

Prevention Of Corruption Act | 'Demand & Acceptance Of Bribe Not Proved In Trap Case' : Supreme Court Acquits Govt Employees

Live Law  

The Supreme Court recently acquitted two government employees accused of demanding and accepting bribe after noting that the prosecution failed to prove the factum of demand and acceptance of bribe. The Court reiterated that a presumption under Section 20 of the Prevention of Corruption Act, 1988 would not arise against the accused unless the factum of demand and acceptance. The …

No Presumption Of Corruption Due To Misuse Of Authority If There's No Proof Of Demand & Acceptance Of Bribe: Supreme Court
3 weeks, 1 day ago

No Presumption Of Corruption Due To Misuse Of Authority If There's No Proof Of Demand & Acceptance Of Bribe: Supreme Court

Live Law  

The Supreme Court recently held that a mere allegation of misuse of authority will not give rise to a presumption under Section 20 of the Prevention of Corruption Act, 1988 unless there is proof of demand and acceptance of illegal gratification.Section 20 of the PC Act presumes that a public servant who accepts an undue advantage did so as a …

Proof Of Demand & Voluntary Acceptance Of Bribe Key For Conviction, Recovery Of Marked Currency Notes Not Sufficient: J&K High Court
3 months ago

Proof Of Demand & Voluntary Acceptance Of Bribe Key For Conviction, Recovery Of Marked Currency Notes Not Sufficient: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that the recovery of marked currency notes or a positive hand wash test, without proof of demand and voluntary acceptance of a bribe, cannot sustain a conviction under anti-corruption laws. Acquitting a former Accounts Officer, Justice Puneet Gupta emphasized that the prosecution must establish these fundamental elements beyond a reasonable …

Offence Of Bribery Not Dependent On Actual Performance Of Act For Which Bribe Is Taken, Mere Acceptance Of Bribe Enough : Supreme Court
1 year ago

Offence Of Bribery Not Dependent On Actual Performance Of Act For Which Bribe Is Taken, Mere Acceptance Of Bribe Enough : Supreme Court

Live Law  

The offence of bribery is complete the moment illegal gratification is accepted and is not dependent on the actual performance of the promise for which the bribe was sought, stated the Supreme Court.A 7-judge Constitution Bench of the Court made this observation in the momentous judgment holding that legislators accepting bribes for casting votes or giving speech in the legislature …

Bribe Giver Susceptible To Prosecution Like Bribe Taker: Karnataka High Court Refuses To Quash Case Over Alleged Bribes To Ex-Legislator's Son
1 year, 8 months ago

Bribe Giver Susceptible To Prosecution Like Bribe Taker: Karnataka High Court Refuses To Quash Case Over Alleged Bribes To Ex-Legislator's Son

Live Law  

The Karnataka High Court has dismissed a petition filed by owners and two employees of the Karnataka Aromas Company for quashing the FIR filed by Lokayukta police on allegations of offering to pay bribe to Prashanth, son of former Legislator Madal Virupakshappa, in relation to an alleged tender scam. A single judge bench of Justice M Nagaprasanna observed, “It is …

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case
2 years, 2 months ago

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case

Live Law  

The Kerala High Court recently observed that a finding on the veracity of the material in a case where the allegations levelled by the prosecution disclose a cognizable offence, is not a consideration for the High Court while exercising its power under Section 482 CrPC to quash a criminal proceeding. A finding on the veracity of a material relied on …

Direct Evidence Of Bribe Demand Not Necessary To Convict Public Servant Under Prevention Of Corruption Act : Supreme Court CB
2 years, 3 months ago

Direct Evidence Of Bribe Demand Not Necessary To Convict Public Servant Under Prevention Of Corruption Act : Supreme Court CB

Live Law  

In an important ruling, the Supreme Court on Thursday held that direct evidence of demand or acceptance of bribe is not necessary to convict a public servant under the Prevention of Corruption Act and that the such fact can be proved through circumstantial evidence.Even if the direct evidence of the complainant is not available, owing to death or other reasons, …

Morals & Ethics Can't Form Basis For Conviction Under Prevention Of Corruption Act, Proof Of Demand & Acceptance Of Bribe Mandatory: Bombay HC
2 years, 6 months ago

Morals & Ethics Can't Form Basis For Conviction Under Prevention Of Corruption Act, Proof Of Demand & Acceptance Of Bribe Mandatory: Bombay HC

Live Law  

The Bombay High Court has held that a person cannot be convicted under the Prevention of Corruption Act, 1988 on the basis of morals and ethics. Mere recovery of currency notes from the appellant without proof of demand do not constitute the relevant offences. The court referred to several cases including M. R. Purushotham v. State of Karnataka in which …

PC Act - Mere Acceptance Of Amount, Without Proof Of Bribe Demand, Will Not Establish Offence Under Section 7 : Supreme Court
3 years, 1 month ago

PC Act - Mere Acceptance Of Amount, Without Proof Of Bribe Demand, Will Not Establish Offence Under Section 7 : Supreme Court

Live Law  

The Supreme Court observed that the proof of demand of bribe by a public servant and its acceptance by him is sine quo non for establishing the offence under Section 7 of the Prevention of Corruption Act.The failure of the prosecution to prove the demand for illegal gratification would be fatal and mere recovery of the amount from the person …

Mere Recovery Of Tainted Money From Accused In The Absence Of Proof Of Demand Not Sufficient To Sustain Conviction : Bombay High Court
3 years, 6 months ago

Mere Recovery Of Tainted Money From Accused In The Absence Of Proof Of Demand Not Sufficient To Sustain Conviction : Bombay High Court

Live Law  

In a case under the Prevention of Corruption Act, mere recovery of tainted money from the accused in the absence of proof of demand is not sufficient to sustain the conviction, reiterated the Bombay High Court. "Mere recovery of tainted money from the accused in the absence of proof of demand is not sufficient to sustain the conviction," the court …

Corruption Is An Offence Against Society: Supreme Court Sets Aside Gujarat HC Judgment Acquitting An Accused
4 years, 1 month ago

Corruption Is An Offence Against Society: Supreme Court Sets Aside Gujarat HC Judgment Acquitting An Accused

Live Law  

Offences under the Prevention of Corruption Act are offences are against the society, the Supreme Court observed while setting aside a Gujarat High Court judgment acquitting an accused in a corruption case.In this case, the accused, who was an Assistant Director in ITI, Gandhi Nagar was convicted for the offences punishable under Section 7 read with Sections 13 and 13. …

Acceptance Of Bribe Can Be Presumed If Accused Fails To Give Satisfactory Explanation For Possessing Bribe Money: SC [Read Judgment]
6 years, 8 months ago

Acceptance Of Bribe Can Be Presumed If Accused Fails To Give Satisfactory Explanation For Possessing Bribe Money: SC [Read Judgment]

Live Law  

‘Since it is established that the accused was possessing the bribe money, it was for them to explain that how the bribe money has been received by them and if he fails to offer any satisfactory explanation, it will be presumed that he has accepted the bribe.’Interpreting Section 20 of the Prevention of Corruption Act, the Supreme Court in State …

Acceptance Of Bribe Can Be Presumed If Accused Fails To Give Satisfactory Explanation For Possessing Bribe Money: SC [Read Judgment]
6 years, 8 months ago

Acceptance Of Bribe Can Be Presumed If Accused Fails To Give Satisfactory Explanation For Possessing Bribe Money: SC [Read Judgment]

Live Law  

‘Since it is established that the accused was possessing the bribe money, it was for them to explain that how the bribe money has been received by them and if he fails to offer any satisfactory explanation, it will be presumed that he has accepted the bribe.’Interpreting Section 20 of the Prevention of Corruption Act, the Supreme Court in State …

Recovery Of Notes Without Proof Of Demand Not Sufficient To Convict A Public Servant Under PC Act: Allahabad HC [Read Judgment]
8 years ago

Recovery Of Notes Without Proof Of Demand Not Sufficient To Convict A Public Servant Under PC Act: Allahabad HC [Read Judgment]

Live Law  

Allahabad High Court has held that that mere possession and recovery of currency note from an accused without proof of demand would not enable the court to convict the accused.Justice Anil Kumar Srivastava has acquitted the Accused public servant in a 20yr old case where he was charged for offences under Prevention of Corruption Case.The Court observed that mere recovery …

Corruption Sole Factor Arresting Progress Of Society: Guj HC
13 years, 9 months ago

Corruption Sole Factor Arresting Progress Of Society: Guj HC

India TV News  

Ahmedabad, June 24: Corruption was undeniably the sole factor that has effectively arrested the progress of our society, Gujarat High Court observed while rejecting bail plea of IAS officer Pradeep Sharma, arrested in connection with irregularities in land allotment for 2001 earthquake affected persons in Kutch. “It is the rampant corruption indulged in with impunity by highly placed persons that …

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