Dileepbhai Nanubhai Sanghani vs State Of Gujarat 2025 INSC 280 - S 20 Prevention Of Corruption Act - Presumption

Prevention of Corruption Act - Section 20-The presumption under Section 20 of the Act cannot arise on the mere allegation of a demand and acceptance of illegal gratification as rightly pointed out by the appellant- Unless proof is offered to the satisfaction of the Court that there is a demand and acceptance of illegal gratification, the presumption would not arise - The presumption under Section 20 of the Act is that, if there is a demand and acceptance of bribe, then there is a presumption that it is to dishonestly carry out some activity by a public servant, for which, first, proof will have to be offered of the demand and acceptance. It is not otherwise that, if there is a misuse of authority then there is always a presumption of a demand and acceptance of bribe, resulting in a valid allegation of corruption. (Para 22)

Prevention of Corruption Act - Sections 7,13,20 -The proof of demand (or an offer) and acceptance of illegal gratification by a public servant is a fact in issue in the criminal proceeding and is a sine qua non to establish the guilt of the accused public servant under Sections 7 and 13 of the Act. (Para 12) - Referred to Neeraj Dutta v. State (NCT of Delhi).