VidhiSangh

Supreme Court of India · 07/05/2025

P. NALLAMMAL versus STATE BY THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION POLICE, DINDIGUL, TAMIL NADU

[2025] 5 S.C.R. 1854 · 2025 INSC 643

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Summary

Split verdict on the conviction of a public servant's wife under Section 109 IPC read with Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act for abetting his acquisition of disproportionate assets. Dhulia J. would uphold the concurrent conviction: repeated registration of properties in her name during the check period, when she had no income of her own, showed intentional aid. Amanullah J. would acquit: name-lending by a spouse, without proof that she knew the funds were ill-gotten, does not satisfy Section 107 IPC and presuming her guilt would reverse the burden of proof. Both judges dismissed the appeals against the attachment order and against the High Court's administrative order relisting the criminal appeal; the papers of the conviction appeal go to the Chief Justice of India.

Issues

  1. Whether a non-public-servant spouse in whose name a public servant registers assets disproportionate to his known sources of income is guilty of abetment under Section 109 IPC read with Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988, and what the prosecution must prove for the 'intentionally aids' limb of Section 107 IPC.
  2. Whether the culpability of a close relative in a corruption case may be inferred from surrounding circumstances and overall conduct, or whether such an inference impermissibly reverses the burden of proof.
  3. Whether the High Court's valuation of the disproportionate assets and the attachment order under the Criminal Law (Amendment) Ordinance, 1944 called for interference.
  4. Whether the Chief Justice's administrative order dated 03.03.2022 directing fresh hearing of the criminal appeal, after no judgment dated 30.04.2013 was found on record, was open to challenge.

Provisions considered

Held

Result

Criminal Appeal No. 2489 of 2025 (conviction of the second accused): the judges differed (Dhulia J. would dismiss the appeal and direct surrender within ten weeks; Amanullah J. would allow it and acquit); Registry to place the papers before the Chief Justice of India for appropriate directions. Criminal Appeal No. 2490 of 2025 (attachment order) and Criminal Appeal Nos. 2491-2492 of 2025 (administrative order dated 03.03.2022) dismissed unanimously. No order as to costs; pending applications closed.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 1854.