More Coverage
Twitter Coverage
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 This email address is being protected from spambots. You need JavaScript enabled to view it. and we will take the necessary actions to resolve the issue.
Related Articles
- "If we desire respect for the law, we must first make the law respectable": Secular Court of India - “You can hold Pooja somewhere else" denying permission for Ganesh Chaturthi celebrations at disputed Idgah Maidan in Bengaluru, Kapil Sibal fought and won
- "No neutrality, there is only greater or lesser awareness of one's bias": Joshimath Sinking - Supreme Court refuses urgent hearing, "there are democratically elected institutions to look into issue & everything of urgency does not have to come to court"
- Supreme Court finally ends a 100-year fight over the Amogasidda temple in Karnataka, ruling that Sahebgouda’s family holds the true hereditary pujari rights over the rivals led by late Ogeppa
- "Waqf Act is against secularism, unity, and integrity of the nation; Waqf is not mentioned anywhere in the Constitution" says Ashwini Upadhyay: Filed PIL in Delhi HC challenging provisions of Waqf Act
- Prophet Muhammad row: 'Call in central forces if State police unable to control situation', says Calcutta High Court to West Bengal Govt, petition mentioned that police was standing as mute spectator while BJP party offices were being burnt
- Mentally-challenged Tamil Hindu man executed for a drug offense by Singapore whereas India's Supreme Court shockingly commutes death sentence of child rapist and murderer Mohd Firoz
- "अल्हम्दुलिल्लाह!!! Mob has no religion": The Rajasthan High Court grants bail to 18 Islamists accused in the Hindu Shobha Yatra attack in Chittorgarh, highlighting the challenges of pinpointing culprits amidst the chaos of mob-induced communal violence
- Calcutta Quran Petition: A petition to ban the Quran altogether was filed 36 years ago, even before Waseem Rizvi petitioned for removing 26 verses from Quran
- "If it were not for injustice, man would not know justice": Supreme Court stayed arrest of the resigned principal of Indore's Government New Law College, Dr Inamur Rahman, in an FIR registered over "Hinduphobic" book in the college library
- Tehelka News | In a ground-breaking verdict, the Delhi High Court slapped Tehelka, Tarun Tejpal, Aniruddha Bahal, Mathew Samuel with an order to pay ₹2 crore to Major General MS Ahluwalia following a 2001 sting operation that defamed the ex-Army officer
- "At his best, man is the noblest of all animals; separated from law and justice he is the worst": Justice P Velmurugan, Madras HC observed that "Evidence of woman's relatives in matrimonial dispute can't be brushed aside terming them interested witnesses"
- "गोलमाल है भाई सब…": Justice Karnan was jailed for naming 20 corrupt judges in a letter to PM, stripped of powers, silenced & declared unfit, while Justice Varma, caught with crores in cash, faced no FIR and reappointed as a judge in Allahabad High Court
- Chief Justice DY Chandrachud calls on lawyers and bar bodies to elevate the Court and Constitution above political biases, following his notable criticism of SCBA President Aggarwala's request for a suo motu review of the Electoral Bonds judgment
- SC bench of Justices Chandrachud and AS Bopanna rules in favor of Muslim petitioner: “Don’t exclude non-Hindus from auction process for shop leases in temple”
- "What is the point of hearing you?": Supreme Court granted Vikas Yadav a Holi furlough for the Nitish Katara murder, telling the grieving family to let things go after 23 years of his 25-year term in a Delhi prison

























