More Coverage
Twitter Coverage
Satyaagrah
Written on
Satyaagrah
Written on
Satyaagrah
Written on
Satyaagrah
Written on
Satyaagrah
Written on
JOIN SATYAAGRAH SOCIAL MEDIA
"Justice delayed is justice denied": Public servant can be held guilty under Prevention of Corruption Act based on circumstantial evidence: Supreme Court, 'mere acceptance of an illegal gratification without anything more would not make it an offence'

The Supreme Court on Thursday ruled that in a public servant can be held guilty under the Prevention of Corruption Act based on circumstantial evidence in the absence of direct evidence [Neeraj Dutta vs NCT Delhi].
|
A Constitution Bench led by Justice S Abdul Nazeer and also comprising Justices V Ramasubramanian, BR Gavai, AS Bopanna, and BV Nagarathna said that the proof of demand and acceptance of illegal gratification can also be proved by circumstantial evidence in the absence of direct oral or documentary evidence.
"In the absence of evidence of complainant (direct or primary), it is permissible to draw an inferential deduction of culpability," the Court held.
However, presumption of fact with regard to demand or acceptance of illegal gratification may be made by a court of law by way of an inference only when foundational facts have been proved, the Court clarified.
The Court further said that in order to prove the demand and acceptance the following aspects have to be borne in mind:
- If there is an offer to pay by the bribe giver without any demand by public servant and the latter simply accepts the offer and receives the illegal gratification, it is a case of acceptance as per Section 7;
- If public servant makes a demand and giver accepts it, it is a case of obtainment. In both cases, the offer and demand have to be proved by the prosecution as a fact in issue;
- Mere acceptance or receipt of an illegal gratification without anything more would not make it an offence under Section 7 or 13(1).
|
The bench also held that there was no conflict in its earlier three-judge bench decisions which gave rise to the Constitution bench reference with regard to the nature and quality of proof necessary to sustain a conviction for offences under Sections 7 and 13(1)(d).
The Court had on November 22 reserved its judgment in the matter dealing with the following question of law:
"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(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 based on other evidence adduced by the prosecution?"
The reference to a 5-judge bench arose after a 3-judge bench in August 2019 noted that the law in concern as laid out in its decisions in B Jayaraj vs State of Andhra Pradesh, and P Satyanarayana Murthy vs District Inspector of Police, State of Andhra Pradesh and Another, conflict with its decision in M Narsinga Rao vs State of AP.
|
|
Specifically, the issue was regarding the nature and quality of proof required to sustain a conviction for the offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption (PC) Act, when the primary evidence of the complainant was unavailable.
In Satyanaryana Murthy, the Court had held that, in the absence of primary evidence of the complainant due to his death, inferential deductions to sustain a conviction was impermissible in law.
In Narsinga Rao, the top court had sustained convictions despite a lack of primary evidence by relying on other evidence and raising a presumption under the statute.
Several appeals under the PC Act had subsequently been adjourned by the top court citing the pendency of the present reference.
Senior Advocate S Nagamuthu represented the lead appellant in the case.
Additional Solicitor General Jayant Sud appeared for the prosecution.
References:
Support Us
Satyagraha was born from the heart of our land, with an undying aim to unveil the true essence of Bharat. It seeks to illuminate the hidden tales of our valiant freedom fighters and the rich chronicles that haven't yet sung their complete melody in the mainstream.
While platforms like NDTV and 'The Wire' effortlessly garner funds under the banner of safeguarding democracy, we at Satyagraha walk a different path. Our strength and resonance come from you. In this journey to weave a stronger Bharat, every little contribution amplifies our voice. Let's come together, contribute as you can, and champion the true spirit of our nation.
![]() | ![]() | ![]() |
ICICI Bank of Satyaagrah | Razorpay Bank of Satyaagrah | PayPal Bank of Satyaagrah - For International Payments |
If all above doesn't work, then try the LINK below:
Please share the article on other platforms
DISCLAIMER: The author is solely responsible for the views expressed in this article. The author carries the responsibility for citing and/or licensing of images utilized within the text. The website also frequently uses non-commercial images for representational purposes only in line with the article. We are not responsible for the authenticity of such images. If some images have a copyright issue, we request the person/entity to contact us at satyaagrahindia@gmail.com and we will take the necessary actions to resolve the issue.
Related Articles
- Hours after Shivling discovered inside disputed Gyanvapi, AIMIM chief Asaduddin Owaisi provokes Muslims against court-ordered proceedings amidst chants of ‘Naara-e-Takbeer’ and ‘Allahu Akbar
- "Tradition on Trial: Festivity Faces the Bench": A judicial spark ignites communal debate on tradition as the Kerala High Court orders raid of all religious places to seize illegal crackers; says no holy book commands bursting firecrackers to please God
- "Access is vital in lobbying. If you can't get in your door, you can't make your case": CJI Chandrachud removed justice MR Shah from the bench hearing forced conversion for not succumbing to lobby's pressure, was scheduled for Feb, now listed on Jan 16
- "Judge saheb ko bura laga kya… nahi, bas yunhi pooch riya hun": CJI Ramana slams Indian media amid the backlash judiciary is facing over controversial remarks and judgements, says ‘Media running agenda-driven debates and kangaroo courts’
- "Best advice I ever received was to give advice only when asked for it": State does not owe loyalty to any one religion and the Constitution requires that religious majority in the country shouldn’t enjoy any preferential treatment, Justice BV Nagarathna
- "Honest conviction is my courage; the Constitution is my guide": VP Jagdeep Dhankar took exception to Courts quashing changes made by parliament to the Constitution, says "Nowhere in the world Constitutional provisions are undone by courts like in India"
- "लताड़": Madras HC slams Tamil Nadu police for FIR errors in Anna University assault case, orders ₹25 lakh compensation, women-led SIT probe, victim’s fee waiver, action on FIR leak, and police lapses, ensuring privacy, dignity, and justice for the victim
- "Justice for sale, affordability varies": In an escalating controversy, Udhayanidhi Stalin's fierce criticisms of Sanatana Dharma lead to public uproar & legal petitions, Supreme Court denies expedited hearing, ‘Won’t allow it, follow standard procedures’
- "It is not titles that honor men, but men that honor titles": CJI DY Chandrachud lamented, "Hundreds of young people die in India due to honour killings merely because they love someone or marry outside their caste or against their family's wishes"
- "Insaaf ke parde main ye kya julm hai yaron, dete ho saza aur khata aur hi kuch hai": SC grants Fact-checker Mohammed Zubair interim bail in all Cases, orders his immediate release, says we cannot restrain a journalist from writing, he can tweet
- "In law, not all authorities are 'public'": In a twist that could inspire satirists everywhere, the Bombay High Court clarifies that the Archbishop of Goa isn't under RTI, apparently, divine decrees are no match for bureaucratic ones in the court of law!
- "एक और": In Agra, Faeem Qureshi sentenced to 10 years for dowry death under IPC 304B after Varsha, harassed for ₹5 lakh, a car, and religious conversion, was found dead; her family alleged murder, but his in-laws acquitted for lack of evidence
- ‘Realisation is same as jail’: Delhi High Court invoked Fyodor Dostoyevsky’s book 'Crime and Punishment' to reduce life sentences to 10 years for five Jaish-e-Mohammed terrorists—Bilal, Sajjad Khan, Muzaffar Bhat, Mehraj-ud-Din, and Ishfaq Bhatt
- Pastor Father Lawrence has been given a life sentence by a POCSO court in Mumbai for the horrific crime of sodomizing a 13-year-old
- SC grants protection to Nupur Sharma from arrest in multiple FIRs after pointed out of an imminent necessity for intervention of Court to protect her life and liberty, also noted Chisti’s remarks wherein he asked for cutting of her throat