SC: Constitution bench said- direct evidence is not necessary to convict public servants of corruption
A Constitution Bench of the Supreme Court held that direct proof of demand of bribe by a public servant is not necessary for conviction under the Prevention of Corruption Act.
Time to Read 2 Min
The Supreme Court said that a conviction under the Prevention of Corruption Act can be proved even if there is no direct evidence of demand of bribe or if the complainant is dead. A 5-judge constitution bench has accepted that other evidence collected by the investigating agency can also prove the case.
Prosecution should also make sincere efforts: A five-judge constitution bench headed by Supreme Court Justice S.A. Nazeer said that along with the complainants, the prosecution should also make sincere efforts so that corrupt public servants are punished and They can be blamed so that administration and governance can be free from corruption. The bench also comprised Justices BR Gavai, AS Bopanna, V Ramasubramanian and B V Nagarathna. The top court said that even if direct evidence of the complainant is not available due to death or other reasons, the public servant can be held guilty under the relevant provisions.
What is the Prevention of Corruption Act
In the Prevention of Corruption Act Amendment Bill-2018, the bribe giver has also been brought under its purview. There is a provision in this to curb corruption and to give protection to honest employees. Before running a case of corruption on public servants, permission has to be obtained from the Lokpal in the case of the Center and from the Lokayuktas in the case of the states. The bribe giver will be given 7 days 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.

