Summary
A private intermediary was convicted for taking money to secure a confirmed airline ticket. The Supreme Court held that the prosecution did not establish that the money was taken to induce a public servant by corrupt or illegal means, as required by the then-applicable Section 8 of the Prevention of Corruption Act, and acquitted him.
Issues
- Whether receipt of money to arrange a confirmed ticket established the statutory purpose of inducing a public servant.
Provisions considered
- Section 8, as applicable to the offence, Prevention of Corruption Act, 1988The recipient need not himself be a public servant, but the gratification must be shown to be a motive or reward for inducing a public servant by corrupt or illegal means to act in an official capacity. (¶¶ 5, 6)
Held
- Solicitation or receipt alone did not establish the offence. The prosecution had to convincingly connect the gratification with inducing a public servant to perform an official act, favour or service; the intermediary’s private status did not itself preclude liability. (¶¶ 5, 6)
- The evidence was vague about whom the payment was intended to influence and whether that person was a public servant. Possibilities involving a travel agent or other intermediary did not supply the missing statutory link. (¶ 6)
Result
Appeal allowed; the appellant acquitted and his bail bonds discharged.