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

‘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 of Gujarat vs. Navinbhai Chandrakant Joshi,. ‘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 of Gujarat vs. Navinbhai Chandrakant Joshi, has observed that once the prosecution has established that the accused was possessing the bribe money, it is for the accused to explain that how the bribe money has been received by him and if he fails to offer any satisfactory explanation, it will be presumed that he has accepted the bribe. However, the high court observed that there was no recovery from accused and that the demand and acceptance by the accused persons has not been proved by the prosecution. Cochin, High Court of Kerala, observed: “So far as the presumption raised under Section 20 of the Act for the offence under Section 7 of the Act is concerned, it is settled law that the presumption raised under Section 20 of the Act is a rebuttable presumption, and that the burden placed on the appellant for rebutting the presumption is one of preponderance of probabilities.” Setting aside the high court judgment, the bench said: “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.In the case in hand, the accused have not offered any explanation to rebut the presumption under Section 20 of the Act.