Prevention Of Corruption Act | 'Demand & Acceptance Of Bribe Not Proved In Trap Case' : Supreme Court Acquits Govt Employees
1 week, 1 day 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 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 of bribe is established by the prosecution. Mr. Milind Kumar, AOR Related - No Presumption Of Corruption Due To Misuse Of Authority If There's No Proof Of Demand & Acceptance Of Bribe: Supreme Court

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History of this topic

Corrupt leaders, officials greater threats than assassins: SC
2 weeks, 2 days ago

Corrupt leaders, officials greater threats than assassins: SC

Hindustan Times  

Corrupt elements in the higher echelons of the government and political parties are a greater menace to society than even hired killers, the Supreme Court has held, delivering a scathing indictment of corruption in public life. The bench made these strong observations while rejecting anticipatory bail to Devinder Kumar Bansal, an audit inspector in the Punjab government, accused of demanding …

No Presumption Of Corruption Due To Misuse Of Authority If There's No Proof Of Demand & Acceptance Of Bribe: Supreme Court
2 weeks, 4 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 …

Is Bribe-Giver Liable For Abetment Under S.12 Prevention Of Corruption Act Before 2018 Amendment? Supreme Court To Settle Conflicting HC Views
3 months ago

Is Bribe-Giver Liable For Abetment Under S.12 Prevention Of Corruption Act Before 2018 Amendment? Supreme Court To Settle Conflicting HC Views

Live Law  

The Supreme Court is set to consider whether a person who, despite the public servant's refusal, voluntarily offers a bribe to a public servant, should be held liable for abetment for an offence under the Prevention of Corruption Act, 1988, when the bribe amount is recovered from the officer's desk. The bench of Justices Dipankar Datta and Prashant Kumar Mishra …

Not Necessary That Bribe Amount Should Be Substantial To Draw Presumption Under S.20 Prevention Of Corruption Act : Supreme Court
3 months, 3 weeks ago

Not Necessary That Bribe Amount Should Be Substantial To Draw Presumption Under S.20 Prevention Of Corruption Act : Supreme Court

Live Law  

While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of Corruption Act, 1988.As per Section 20, the Court has the discretion to refrain from drawing adverse presumption against the public servant if …

PC Act | Public Servant's Demand Of Bribe Ought To Be Verified Before Initiating Trap Proceedings: Supreme Court
8 months, 1 week 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 …

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 …

Acquittal Under Prevention Of Corruption Act Should Not Be Based Solely On Invalid Sanction: Supreme Court
1 year, 1 month ago

Acquittal Under Prevention Of Corruption Act Should Not Be Based Solely On Invalid Sanction: Supreme Court

Live Law  

The Supreme Court opined that acquittal under the Prevention of Corruption Act, 1988 cannot be based solely on invalid Sanction. “The Sessions Court could not have acquitted the accused only on the ground of alleged invalid sanction, without recording its findings on all the issues involved.,” the Court said. At the outset, the Court said that the Trial Court had …

PC Act | Once It Is Proved Public Servant Received Gratification Beyond Legal Remuneration, Statutory Presumption Operates : Supreme Court
1 year, 5 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 …

Supreme Court Acquits Man Accused Of Taking Rs 300 Bribe Twenty Years Ago
1 year, 11 months ago

Supreme Court Acquits Man Accused Of Taking Rs 300 Bribe Twenty Years Ago

Live Law  

The Supreme Court on Thursday acquitted a man who was convicted under the Prevention of Corruption Act 1988 for accepting a bribe of Rupees 300 in the year 2003.The convict, who was working as a cleaner, was accused to taking bribe for supplying a copy of the death certificate to the complainant. The Supreme Court on Thursday acquitted a man …

Supreme Court On Corruption (2022)
2 years, 1 month 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 …

‘Corruption Corrodes Like Cancerous Lymph Nodes’: Circumstantial Evidence Enough to Hold Public Servant Guilty, Says SC
2 years, 3 months ago

‘Corruption Corrodes Like Cancerous Lymph Nodes’: Circumstantial Evidence Enough to Hold Public Servant Guilty, Says SC

News 18  

The Supreme Court has held that circumstantial evidence is enough to hold a public servant guilty under the Prevention of Corruption Act, when there is absence of direct evidence. It said corruption is “corroding, like cancerous lymph nodes” and its “stink” severely impacted administration, nation-building and governance. The bench said it is hopeful that sincere efforts will be made to …

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, 3 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, 5 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 …

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 …

Benefit Of Amendment In Section 13 Prevention Of Corruption Act 1988 As Amended By The Prevention Of Corruption (Amendment) Act 2018 Can Be Extended To Pending Cases
4 years, 11 months ago

Benefit Of Amendment In Section 13 Prevention Of Corruption Act 1988 As Amended By The Prevention Of Corruption (Amendment) Act 2018 Can Be Extended To Pending Cases

Live Law  

The Prevention of Corruption Act 1988 was amended by The Prevention of Corruption Act 2018 vide which the amendment to section 13 of the PC Act 1988 was introduced by substituting the text of Section 13 with a new definition for the offence of criminal misconduct. Accordingly, the Prevention of Corruption Bill, 2013 had proposed to delete section 13 of …

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 …

Bribery in India: How to minimise bribe-giving and taking
8 years, 9 months ago

Bribery in India: How to minimise bribe-giving and taking

Firstpost  

They actually encourage and nurture bribery. It would also prevent defence deals from being scuttled just because someone does not want to push the bribe-taker The present bribery laws are a farce. It would also prevent defence deals from being scuttled just because someone does not want to push the bribe-taker This is the second and final part of 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 …

Prevention of Corruption Act gives no scope for reform; hence misplaced leniency should not be shown: Supreme Court
9 years, 10 months ago

Prevention of Corruption Act gives no scope for reform; hence misplaced leniency should not be shown: Supreme Court

Live Law  

A Supreme Court Bench comprising of Justice T.S. Thakur, Justice Kurian Joseph and Justice R.Bhanumathi has reportedly held that there is no scope for a public official convicted of corruption to reform. His punishment under the Prevention of Corruption Act, 1988 should hence reflect the public’s repugnance for his crime.“The judgment on sentence shall not shock the common man. His …

Cabinet nod to extend the PC Act net from Individuals to Corporate entities
9 years, 10 months ago

Cabinet nod to extend the PC Act net from Individuals to Corporate entities

Live Law  

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi, today gave its approval to amend the Prevention of Corruption Act, 1988 by pursuing the Prevention of Corruption Bill, 2013, pending before the Rajya Sabha by moving official amendments.The proposed amendments would fill in perceived gaps in the domestic anti-corruption law and also help in meeting the. The Union …

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