VidhiSangh

Supreme Court of India · 15/12/2022

NEERAJ DUTTA versus STATE (GOVT. OF N.C.T. OF DELHI)

[2022] 5 S.C.R. 104 · 2022 INSC 1280

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Summary

A Constitution Bench answered a reference on proving a bribe demand when the complainant's direct evidence is unavailable because he has died, turned hostile or is otherwise absent. It held that proof of demand and acceptance of illegal gratification remains essential under Sections 7 and 13(1)(d)(i) and (ii) of the Prevention of Corruption Act. That proof may come from other witnesses, documents or circumstantial evidence. A presumption of fact may be drawn once the foundational facts are proved. The trial neither abates nor ends in acquittal merely because the complainant's evidence is missing. The Section 20 presumption of motive or reward applies to Section 7, not Section 13(1)(d). B. Jayaraj, P. Satyanarayana Murthy and M. Narasinga Rao do not conflict.

Issues

  1. Whether, in the absence of the complainant's evidence or other direct or primary evidence of demand, guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 may be inferred from other evidence adduced by the prosecution.
  2. Whether B. Jayaraj and P. Satyanarayana Murthy conflict with M. Narasinga Rao on the nature and quality of proof needed where the complainant's primary evidence is unavailable.

Provisions considered

Held

Result

Reference answered: in the absence of the complainant's direct or primary evidence, guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 may be inferred from other evidence adduced by the prosecution; Criminal Appeal No. 1669 of 2009 and connected matters directed to be placed before the appropriate Bench after orders of the Chief Justice of India.

Judgment PDF: Supreme Court of India, [2022] 5 S.C.R. 104.