PC Act: Can Guilt Of A Public Servant Be Presumed In Absence Of Direct Evidence Of Illegal Gratification? SC Refers Matter To Larger Bench

Ashok Kini

28 Feb 2019 5:50 PM IST

“Insistence of direct proof or primary evidence for proving the demand may not be in consonance with the view taken by this Court in number of judgments.”

The Supreme Court has referred to larger bench 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(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 based on other...

PC Act: Can Guilt Of A Public Servant Be Presumed In Absence Of Direct Evidence Of Illegal Gratification? SC Refers Matter To Larger Bench

Ashok Kini

“Insistence of direct proof or primary evidence for proving the demand may not be in consonance with the view taken by this Court in number of judgments.”

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