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Supreme Court of India
Criminal Law

Proof of Accepting Bribe Triggers Mandatory Presumption Under Section 20 PC Act: Supreme Court

Published: · NyayVidhan

The Supreme Court set aside the High Court's acquittal of two Visakhapatnam Port Trust officers caught accepting Rs. 5,000 each, restoring their conviction under the Prevention of Corruption Act, 1988 and Section 120B IPC with one year's imprisonment (paras 1, 3, 28). Once acceptance of gratification is proved, the presumption under Section 20(1) is compulsory, and acceptance need not be shown by direct evidence (paras 13-14).

Proof of Accepting Bribe Triggers Mandatory Presumption Under Section 20 PC Act: Supreme Court

Judgment Intelligence

Acquittal Set Aside
State of Andhra Pradesh v. C. Uma Maheswara Rao & Anr.
Criminal Appeal Nos. 468-469 of 1998; cited as (2004) 4 SCC 399
Court
Supreme Court of India
Date of Decision
31 March 2004
Bench
Justices Doraiswamy Raju and Arijit Pasayat
Relevant Acts & Sections
Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d), 13(2), 19(1)(c), 20(1); Indian Penal Code, 1860 — Section 120B; Indian Evidence Act, 1872 — Sections 4, 114; Prevention of Corruption Act, 1947 — Section 4(1)
Final Outcome

The appeals were allowed to the extent indicated: the acquittal was set aside and the conviction restored, with the sentence reduced to one year's imprisonment for each proved offence and the Trial Court's fine and default term; the accused were directed to surrender to serve the remainder of the sentence, if any (paras 28-30).

Key holdings

  1. The presumption under Section 20(1) of the Prevention of Corruption Act, 1988 is a legal, compulsory presumption that arises once acceptance or agreement to accept gratification is proved (paras 13-14).
  2. Acceptance of gratification need not be proved by direct evidence; circumstantial evidence and inferences under Section 114 of the Evidence Act suffice (paras 14, 18-21).
  3. A presumption can be drawn only from facts, not from another presumption, unless there is a statutory compulsion (para 18).
  4. Whether the public servant had authority to do the act for which the bribe was taken is of no consequence (para 27).
  5. An appellate court should not make out a new factual case that was never pleaded below (para 27).

Brief Facts

A-1, a Deputy Secretary, and A-2, a Deputy Financial Adviser, of the Visakhapatnam Port Trust sat on a tender committee for the purchase of sleepers (para 3). The prosecution alleged that they demanded Rs. 20,000 each from a tenderer's attorney to clear the file and were caught in a CBI trap on 30.12.1991 after accepting Rs. 5,000 each (para 3). The Special Judge convicted them under Sections 7 and 13 of the Act and Section 120B IPC, but the High Court acquitted them, doubting the complainant, the date of his complaint and whether senior officers would take money before a stranger (paras 1, 4).

Court's Findings

Where Section 20(1) says "shall be presumed", the presumption is legal and compulsory (para 13); its only condition is proof that the accused accepted or agreed to accept gratification, which need not be by direct evidence (para 14). Proof means evidence that would induce a reasonable man to a conclusion, and courts may infer facts under Section 114 of the Evidence Act, though not draw a presumption from another presumption (paras 15-18). Possession of marked notes after a demand is "res ipsa loquitur" (para 20), and passing of money may be proved circumstantially (para 21). If money is received and no convincing explanation is offered, the presumption operates (para 25). The complainant's grievances against other officials did not make him unreliable; with the mediator and the investigating officer, his evidence proved the charge, and the partly hostile panch witness also proved the giving of money (para 27). The High Court wrongly made out a new case on the complaint's date, never pleaded below, and the officers' lack of final authority over the tender was of no consequence (para 27).

Legal Principle

Under Section 20(1) of the Prevention of Corruption Act, 1988, once acceptance of gratification is proved, by direct or circumstantial evidence, the court must presume that it was taken as a motive or reward unless the contrary is proved; whether the official had authority to do the favoured act is immaterial (paras 13-14, 27).

Precedents Relied Upon

  1. M. Narsinga Rao v. State of A.P. (2001) 1 SCC 691
    Relied Upon Discussed at ¶ 14

    The only condition for the legal presumption under Section 20 is proof that the accused accepted or agreed to accept gratification; it need not be proved by direct evidence.

  2. Hawkins v. Powells Tillery Steam Coal Co. Ltd. (1911) 1 KB 988
    Relied Upon Discussed at ¶ 15, 16

    Proof does not mean rigid mathematical demonstration but such evidence as would induce a reasonable man to come to a particular conclusion.

  3. Suresh Budharmal Kalani v. State of Maharashtra (1998) 7 SCC 337
    Relied Upon Discussed at ¶ 18

    A presumption can be drawn only from facts, not from other presumptions.

View all precedents (12)
  1. Raghubir Singh v. State of Punjab (1974) 4 SCC 560
    Relied Upon Discussed at ¶ 20

    Possession of the marked currency notes by an accused alleged to have demanded and received the amount is res ipsa loquitur.

  2. Hazari Lal v. State (Delhi Admn.) (1980) 2 SCC 390
    Relied Upon Discussed at ¶ 21

    Passing of money need not be proved by direct evidence; it may be proved by circumstantial evidence.

  3. Madhukar Bhaskarrao Joshi v. State of Maharashtra (2000) 8 SCC 571
    Relied Upon Discussed at ¶ 21

    Once payment or acceptance of gratification is established, the inference is that it was accepted as motive or reward; "gratification" means any payment for giving satisfaction to the public servant.

  4. Mohmoodkhan Mahboobkhan Pathan v. State of Maharashtra (1997) 10 SCC 600
    Relied Upon Discussed at ¶ 23

    The word "gratification" in Section 4(1) of the 1947 Act takes its literal meaning of giving pleasure or satisfaction.

  5. State of Assam v. Krishna Rao (1973) 3 SCC 227
    Relied Upon Discussed at ¶ 24

    Concept of gratification and the presumption under Section 4 of the 1947 Act, which arises on proof of receipt of money other than legal remuneration.

  6. C.I. Emden v. State of Uttar Pradesh AIR 1960 SC 548
    Relied Upon Discussed at ¶ 25

    If money is received and no convincing, credible and acceptable explanation is offered, the presumption under Section 4 of the 1947 Act is available.

  7. V.D. Jhangan v. State of Uttar Pradesh (1966) 3 SCR 736
    Relied Upon Discussed at ¶ 25

    If money is received and no convincing, credible and acceptable explanation is offered, the presumption under Section 4 of the 1947 Act is available.

  8. State of Andhra Pradesh v. V. Vasudev Rao JT 2003 (9) SC 119
    Referred To Discussed at ¶ 26

    Recent decision highlighting the presumption on receipt of money.

  9. Chaturdas Bhagwandas Patel v. State of Gujarat (1976) 3 SCC 46
    Relied Upon Discussed at ¶ 27

    Whether a person has authority to do the act for which the bribe is accepted is of no consequence.

NyayVidhan
Court Judgments · 3 min read
Decided: March 31, 2004 Justices Doraiswamy Raju and Arijit Pasayat
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