Prevention of Corruption Act, 1988 - Section 7, 13- Mere Acceptance Of Amount, Without Proof Of Bribe Demand, Will Not Establish Offence Under Section 7 : Supreme Court

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Prevention of Corruption Act, 1988 - Section 7, 13 - The proof of demand of bribe by a public servant and its acceptance by him is sine quo non for establishing the offence under Section 7 of the PC Act - The Failure of the prosecution to prove the demand for illegal gratification would be fatal and mere recovery of the amount from the person accused of the offence under Section 7 or 13 of the Act would not entail his conviction thereunder [Referred to P. Satyanarayana Murthy v. District Inspector of Police, State of Andhra Pradesh (2015) 10 SCC 152]. (Para 7)

The Apex Court bench noted that there is only witness to the alleged demand and acceptance. PW1 did not state that the appellant reiterated her demand at the time of trap and that the version of PW1 in his examination-in-chief about the demand made from time to time is an improvement, the court noted. Therefore, the bench concluded that the demand made by the accused has not been conclusively proved. The bench observed:

"The offence under Section 7 of the PC Act relating to public servants taking bribe requires a demand of illegal gratification and the acceptance thereof. The proof of demand of bribe by a public servant and its acceptance by him is sine quo non for establishing the offence under Section 7 of the PC Act."