Circumstantial evidence may be used to convict a public official under the Prevention of Corruption Act: Supreme Court

In Neeraj Dutta v. NCT Delhi, the Supreme Court said on Thursday that in the absence of direct evidence, a public employee could be found guilty under the Prevention of Corruption Act based on circumstantial evidence.

In the lack of direct oral or written evidence, a Constitution Bench headed by Justice S Abdul Nazeer and including Justices V Ramasubramanian, BR Gavai, AS Bopanna, and BV Nagarathna stated that circumstantial evidence can also be used to prove the demand and acceptance of illicit gratification.

The Court clarified that a presumption of fact about the demand for or acceptance of illicit gratification may only be made by a court of law through an inference if fundamental facts have been established.

This news is written by Ms. Amrita Singh, Research Assistant, All India Legal Forum.

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