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 the amount involved. 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 the amount involved is trivial. The High Court relied upon the decision of A.Subair v. State of Kerala 6 SCC 587 where it was held that the essential ingredients of S.7 were that the person accepting the gratification should be a public servant; and that he should accept the gratification for himself, and the gratification should be as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official function, favour or disfavour to any person.

Corruption Supreme Court Court High Respondent Public Act Draw Observed Servant Presumption Section 20 Necessary Gratification  draw  public  act  20  gratification  observed  necessary  corruption  respondent  court  substantial  servant  supreme  prevention  presumption  s20  bribe  high

History of this topic

Prevention Of Corruption Act | 'Demand & Acceptance Of Bribe Not Proved In Trap Case' : Supreme Court Acquits Govt Employees
1 week, 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
2 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 …

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 …

S. 19 PC Act | Irregularity In Sanction Order No Ground For Acquittal Unless Failure Of Justice Is Shown : Supreme Court
3 months, 1 week ago

S. 19 PC Act | Irregularity In Sanction Order No Ground For Acquittal Unless Failure Of Justice Is Shown : Supreme Court

Live Law  

The Supreme Court clarified that an irregularity in obtaining sanction to prosecute a public servant under the Prevention of Corruption Act, 1988, does not justify an acquittal unless it causes prejudice to the accused. The appellant-CBI contended that despite noting that had proved the demand and acceptance of a bribe by the public servant and the defence failed to rebut …

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 …

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 …

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 …

Discover Related