State Of Lokayuktha Police, Davanagere vs C B Nagaraj 2025 INSC 736 - Prevention of Corruption Act

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In cases under PC Act, can it be presumed that just because money changed hands, it was pursuant to a demand?

Prevention of Corruption Act, 1988 - Sections 7, 13,20- Just because money changed hands, it cannot be ipso facto presumed that the same was pursuant to a demand, for the law requires that for conviction under the Act, an entire chain – beginning from demand, acceptance, and recovery has to be completed- when the initial demand itself is suspicious, even if the two other components – of payment and recovery can be held to have been proved, the chain would not be complete- While a reverse onus under specific statute can be placed on an accused, even then, there cannot be a presumption which casts an uncalled for onus on the accused. (Para 25)

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