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 of currency notes. 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. The Court observed that mere recovery of currency notes by itself cannot prove the charge of the prosecution against a public servant in the absence of any evidence to prove the payment of bribe or to show that the accused voluntarily accepted the money knowing it to be illegal gratification. The High Court observed that the proof of demand of illegal gratification is the gravamen of the offence and in absence thereof, unmistakably the charge therefore, would fail.

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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
2 weeks, 2 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, 5 days 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, 1 week 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 …

PC Act | Public Servant's Demand Of Bribe Ought To Be Verified Before Initiating Trap Proceedings: Supreme Court
8 months, 2 weeks ago

PC Act | Public Servant's Demand Of Bribe Ought To Be Verified Before Initiating Trap Proceedings: Supreme Court

Live Law  

The Supreme Court has reiterated that the public servant cannot be held guilty of accepting a bribe unless the prosecution has established the demand of a bribe and its subsequent acceptance by the public servant. The Court said that when a trap is laid down to catch the public servant red-handed for accepting bribe, then the factum of demand of …

Duty Of Public Servant's Wife To Discourage Him From Taking Bribe: Madras High Court Refuses To Set Aside Conviction Of Sub-Inspector's Wife
9 months, 3 weeks ago

Duty Of Public Servant's Wife To Discourage Him From Taking Bribe: Madras High Court Refuses To Set Aside Conviction Of Sub-Inspector's Wife

Live Law  

The Madras High Court has refused to set aside the conviction of the wife of a Sub-Inspector of Police accused of accumulating wealth disproportionate to his income. Justice KK Ramakrishnan noted that though the Public Servant was no more, his wife should face consequences under Section 109 read with Sections 13 and 13 of the Prevention of Corruption Act. The …

PC Act | Once It Is Proved Public Servant Received Gratification Beyond Legal Remuneration, Statutory Presumption Operates : Supreme Court
1 year, 6 months ago

PC Act | Once It Is Proved Public Servant Received Gratification Beyond Legal Remuneration, Statutory Presumption Operates : Supreme Court

Live Law  

The Supreme Court held that once it has been proved that the accused has accepted any gratification other than the prescribed legal remuneration, the Court can raise the statutory presumption against the accused under Section 20 of the Prevention of Corruption Act, 1988 that he accepted the gratification as a motive or reward. The Supreme Court held that once it …

Madras High Court Holds Court Officer Guilty Of Taking Bribe For Job, Sentences Him To 3 Years Rigorous Imprisonment
2 years, 1 month ago

Madras High Court Holds Court Officer Guilty Of Taking Bribe For Job, Sentences Him To 3 Years Rigorous Imprisonment

Live Law  

The Madras High Court recently found a court officer guilty of misusing his official position and cheating an illiterate man with a promise of securing a job for him and obtaining 40000 rupees for the same. "This Court has carefully gone through the entire materials and the antecedents of the respondent and finds that the respondent not only cheated the …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
2 years, 1 month ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Supreme Court On Corruption (2022)
2 years, 2 months ago

Supreme Court On Corruption (2022)

Live Law  

Prevention of Corruption Act, 1988 - Constitution Bench answers reference on whether circumstantial evidence can be used to prove demand of illegal gratification- In the absence of evidence of the complainant it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13 read with Section 13 of the Act based 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, …

PC Act -Is Direct Evidence Of Bribe Demand Necessary To Punish Public Servant? Supreme Court Constitution Bench Reserves Judgement- Read Full Courtroom Exchange
2 years, 4 months ago

PC Act -Is Direct Evidence Of Bribe Demand Necessary To Punish Public Servant? Supreme Court Constitution Bench Reserves Judgement- Read Full Courtroom Exchange

Live Law  

Mr. Nagamuthu: "If the offer originates from the bribe giver and it is accepted by the public servant, this is acceptance. So far as Satyanarayana Murthy is concerned, by the use of the word 'primary evidence' what they mean is 'direct evidence'" Bench: "If the de facto complainant is dead or turns hostile, whether the demand can be proved or …

PC Act -Is Direct Evidence Of Bribe Demand Necessary To Punish Public Servant? Supreme Court Constitution Bench To Hear On Nov 15
2 years, 6 months ago

PC Act -Is Direct Evidence Of Bribe Demand Necessary To Punish Public Servant? Supreme Court Constitution Bench To Hear On Nov 15

Live Law  

A Constitution Bench of the Supreme Court, on Wednesday, decided to commence with the hearing of the plea which raises the question 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 read with …

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 …

Is Sanction To Prosecute A Person Not Being Public Servant Required Under Essential Commodities Act? Delhi High Court Issues Notice
3 years, 2 months ago

Is Sanction To Prosecute A Person Not Being Public Servant Required Under Essential Commodities Act? Delhi High Court Issues Notice

Live Law  

The Delhi High Court has issued notice on a petition raising a question as to whether a sanction to prosecute an accused under Essential Commodities Act is required when such a person is not a public servant. Justice Subramonium Prasad issued notice on the petition assailing the orders passed by Chief Metropolitan Magistrate of the Karkardooma Courts whereby it was …

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-Why Only Simple Imprisonment To Public Servants When PC Act Does Not Specify Description? Supreme Court
3 years, 11 months ago

Corruption-Why Only Simple Imprisonment To Public Servants When PC Act Does Not Specify Description? Supreme Court

Live Law  

The Supreme Court on Friday expressed the opinion that corruption matters must be dealt with strictly and the convicted public servants need not necessarily be awarded simple imprisonment, particularly because the Prevention of Corruption Act, 1988 does not specify this description.The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing an SLP against a September, 2020 decision …

Mere Recovery Of Currency Notes From Public Servant Does Not Constitute Offence U/s 7 Of Prevention Of Corruption Act: Supreme Court
4 years, 1 month ago

Mere Recovery Of Currency Notes From Public Servant Does Not Constitute Offence U/s 7 Of Prevention Of Corruption Act: Supreme Court

Live Law  

The Supreme Court has observed that mere possession or recovery of currency notes is not sufficient to constitute an offence under Section 7 of the Prevention of Corruption Act.To prove the charge, it has to be proved beyond reasonable doubt that accused voluntarily accepted money knowing it to be bribe, the bench comprising Justices Ashok Bhushan, R. Subhash Reddy and …

Charge Under IPC Can Continue Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming: SC [Read Order]
4 years, 7 months ago

Charge Under IPC Can Continue Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming: SC [Read Order]

Live Law  

The Supreme Court has observed that the charge against an accused for offence punishable under the Indian Penal Code can continue irrespective of the fact that sanction in respect of offence punishable under Prevention of Corruption Act,is not forthcoming.The bench comprising of Justice AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna agreed with the view taken by Jharkhand High Court. The …

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]
8 years, 2 months ago

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]

Live Law  

The Supreme Court, in Saloni Arora vs. State, has reiterated that in order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio.A bench comprising Justice AK Sikri and Justice AM Sapre observed that such a …

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 …

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC
9 years, 1 month ago

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC

Live Law  

https://twitter.com/pbhushan1/status/694150040869154817Kerala High Court in Maneesh E. Vs State of Kerala has apparently taken a contrary view about issue whether sanction needs to be obtained before forwarding a complaint against Public servant for investigation or not, from that taken by another Single Bench in the case against Kerala CM.In Oommen Chandy’s case,. https://twitter.com/pbhushan1/status/694150040869154817 Kerala High Court in Maneesh E. Vs State …

Even Trivial Misconduct by Public Servant can be cause of Dismissal - Madras High Court
10 years, 9 months ago

Even Trivial Misconduct by Public Servant can be cause of Dismissal - Madras High Court

Live Law  

A Madras High Court bench comprising of Justice N. Paul Vasanthakumar and Justice M. Sathyanarayanan on Friday declared that even a trivial misconduct by a public servant can be the cause of his dismissal. The amount of money involved or the gravity of offence shouldn’t play any role in determining whether he should be reinstated or not.Upholding the validity of …

No legal immunity for govt servant in criminal cases: SC
13 years ago

No legal immunity for govt servant in criminal cases: SC

Firstpost  

In the present case an official was accused by Omkar, a transporter, of collecting Rs two lakh money from him after impounding his three vehicles and refusing to issue any receipt. A bench of justices R M Lodha and H L Gokhale set aside the concurrent findings of the Punjab and Haryana High Court and a sessions court which had …

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