Supreme Court on Anti Corruption Law: The Supreme Court gave an important decision on Thursday (December 15) regarding corruption related to Bribe. The Supreme Court said in its decision that despite the absence of direct evidence of demanding bribe or the death of the complainant, the conviction can be proved under the Prevention of Corruption Act. A 5-judge constitution bench has accepted that other evidence collected by the investigating agency can also prove the case. During the judgment, the Supreme Court remarked, “Corruption is a cancer, which is affecting all parts of the system.”
The Constitution Bench said that in the absence of the evidence of the complainant and direct or prima facie evidence of bribery, conviction under the Prevention of Corruption Act, 1988 is permissible on the basis of other evidence produced by the prosecution. Let us tell you that after hearing the matter on November 23, a bench of 5 judges had reserved the decision.
Why did Justice Nagaratna speak?
Justice Nagaratna, one of the five-judge bench, while giving the verdict, said that in order to prove the guilt of the accused, the complainant must first prove the allegations of demanding bribe and later agreeing to take it. It can be proved on the basis of direct evidence related to the case, oral evidence or documentary evidence. Further, facts in dispute such as proof of demand and acceptance of bribe can also be proved through circumstantial evidence in the absence of oral or documentary evidence.
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What is Prevention of Corruption Act?
Under the Prevention of Corruption Act Amendment Bill-2018, along with the person demanding bribe, the bribe giver has also been brought under its ambit. In this act, provision has been made to curb corruption and to protect honest employees from false allegations of demanding bribe.
In addition, permission from the Lokpal in the case of the Center and the Lokayuktas in the case of the states would be required before initiating a corruption case against public servants under the Act. Along with this, the bribe giver will be given 7 days time to present his case, which can be extended up to 15 days. During the investigation, it will also be seen under what circumstances the bribe was given.
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