AI Overview...
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Demand Made - The Prevention of Corruption Act (PCA), 1988, requires the prosecution to establish that the accused made a demand for an illegal gratification as a crucial element for conviction under Sections 7 and 13(1)(d). Merely accepting bribe or recovering money without proof of demand is insufficient Lrs. Dr Amritlal Soni VS State Of Rajasthan - Rajasthan, Parappurath Damodaran VS State of Kerala, Rep, by Public Prosecutor - Kerala, N.S.NAIR Vs SUPERINTENDENT OF POLICE,CBI - Kerala, Kishor Shankarrao Hile vs State of Maharashtra - Bombay, vs - Kerala, Nannu Mal Pahadia S/o Chhote Lal vs State of Rajasthan, Through P.P. - Rajasthan.
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Definition of Demand - A demand is an explicit or implicit request for illegal gratification made by the public servant or accused, which can be proven through direct or circumstantial evidence, including oral testimony or conduct indicating demand Parappurath Damodaran VS State of Kerala, Rep, by Public Prosecutor - Kerala, vs - Kerala.
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Evidence and Burden of Proof - Courts emphasize that the burden lies on the prosecution to conclusively prove the demand and acceptance of bribe. Mere recovery of money without proof of demand does not suffice for conviction. Witness testimony regarding the demand is critical N.S.NAIR Vs SUPERINTENDENT OF POLICE,CBI - Kerala, Kishor Shankarrao Hile vs State of Maharashtra - Bombay, Parappurath Damodaran VS State of Kerala, Rep, by Public Prosecutor - Kerala.
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Legal and Judicial Insights - Courts have clarified that the demand must be proved beyond reasonable doubt, and the absence of direct evidence does not preclude establishing demand through circumstantial evidence. Also, private individuals cannot be charged as public servants unless they meet specific criteria MANPREET SINGH Vs STATE OF PUNJAB - Punjab and Haryana, Parappurath Damodaran VS State of Kerala, Rep, by Public Prosecutor - Kerala.
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Additional Points - The Prevention of Corruption (Amendment) Act, 2018, and related legal provisions reinforce the necessity of proving demand as an essential element for conviction. The courts also scrutinize whether the accused’s conduct or statements indicate demand for gratification Nannu Mal Pahadia S/o Chhote Lal vs State of Rajasthan, Through P.P. - Rajasthan.
Analysis and Conclusion:
The Prevention of Corruption Act defines demand as an explicit or implicit request for illegal gratification, which must be proven by the prosecution through direct or circumstantial evidence. The courts consistently hold that establishing demand and acceptance of bribe is essential for conviction; mere recovery of money without proof of demand is inadequate. The burden of proof rests with the prosecution to demonstrate this demand beyond reasonable doubt, and the evidence must clearly establish that the accused made such a demand Multiple sources.
References:
- Prevention of Corruption Act, 1988 and Amendments (Sections 7, 13, 7A)
- Judicial case law interpreting demand and proof requirements
- Specific cases: 01700063147, 01500037002, INDKER00000350928, INDBOM00000019909, IND_HC_KLHC010036522001, 01720093328
Search Results for "Prevention of Corruption Act Definition of Demand Made"
2022 0 Supreme(Raj) 2214 • India - Rajasthan
PUSHPENDRA SINGH BHATI
of Corruption Act, 1988, including the definition of gratification, criminal misconduct by a public servant, and presumption where ... Corruption - Prevention of Corruption Act - 5 (1) (d), 5 (2), 161 I.P.C. - 7, 13 - The court discussed the provisions of the Prevention ... The court found that the accused made a demand for illegal gratification, which he failed to rebut with substantial evidence, and ... Corruption Act, 1947 that he had ma....
2016 0 Supreme(Ker) 312 • India - Kerala
B.KEMAL PASHA
Corruption - Prevention of Corruption Act - Sections 7, 13(2), 13(1)(d) Fact of the Case: The appellant, a Lineman ... Ratio Decidendi: The court emphasized that in order to invite the offences under the Prevention of Corruption Act, 'demand ... The court also considered the definition of 'legal remuneration' and the evidence regarding the payment of wages to outside labourers ... In the light of evidences of PWs.3, 5, 12 and DW1, the definition of “legal remuneration” contained in E....
2015 Supreme(Online)(KER) 36234 • India - High Court of Kerala
P.UBAID, J
Public Servant - Corruption - Prevention of Corruption Act - Sections 7, 13(2), 13(1)(d) - The court interpreted the definition ... of the corruption charges against him. ... of public servant under the P.C Act, concluding the accused was not a public servant, leading to the acquittal of corruption charges ... The demand for ₹15,000/-, made by the accused is well proved by the evidence of the complainant and PW2. Of course it is true that there is no....
• India - Bombay High Court - Bench at Aurangabad
A.V. Nirgude, J
(A) Prevention of Corruption Act - Sections 7, 13, and 19 - Demand and acceptance of bribe - Conviction based on the testimonies ... of prosecution witnesses - The prosecution proved the demand of bribe of Rs. 7,000/- made by appellant No. 1 to the complainant, ... ... ... Issues: The enforceability of sanction, knowledge of appellant No. 2 regarding the bribe, and substantiation of demand by ... Even the second element of the definition is not seen in this case. There is no evidence....
2023 Supreme(Online)(Bom) 24431 • India - Bombay High Court
BHARATI DANGRE, J
(Paras 10, 12, 14-15) ... ... (B) Legal Remuneration - Definition ... ... ... Issues: Main issue was whether demand and acceptance of bribe was proven. ... and accepting bribe - Prosecution failed to establish demand conclusively; essential for conviction under Section 7 - Evidence showed ... 6] The complainant approached the Anti Corruption Unit at Thane and lodged the complaint. Dy. ... The prosecution has not established conclusively, as to who made the demand i.e. whether it w....
2025 Supreme(Online)(TEL) 849 • India - High Court of Telangana
K.SURENDER, J
... ... Findings of Court: ... The prosecution proved the demand and acceptance of bribe by A1, but A2's involvement did not meet ... (Paras 1, 18, 20) ... ... (B) Abetment - Definition and requirements - The court ... found that A2 did not instigate or aid A1 in the commission of the offence, leading to the conclusion that no case for abetment was made ... P.W.1 deposed about the demand of bribe prior to lodging complaint. Both P.Ws.1 and 2 stated about demand and acceptance of bribe by A1 on the d....
2025 Supreme(Online)(J&K) 809 • India - High Court of Jammu and Kashmir
References are made to key definitions from case law, emphasizing the burden of proof lies with the prosecution. ... the accused's guilt - It is noted that merely recovering currency without proof of demand does not suffice for conviction. ... accepting bribes, the court highlights the essential requirement of proving demand and acceptance of illegal gratification to establish ... The witness stated that in his presence neither accused accepted money nor made any such demand nor did he....
2014 Supreme(Online)(KER) 38685 • India - High Court of Kerala
A.HARIPRASAD, J
Corruption - Criminal Conduct - Prevention of Corruption Act, 1988 - Sections 7, 13(1)(d), 13(2); Indian Penal Code - Section ... Issues: Whether the prosecution established the demand and acceptance of bribes by the accused and whether the evidence corroborated ... bribes, detailing legal definitions and burdens of proof relevant to bribery offences. ... On 11.08.1997, PW2 visited the office and he alleged that on 14.08.1997, the illegal demand for bribe was made. ... Therefore, oral....
2025 Supreme(Online)(PH) 1261 • India - High Court of Punjab and Haryana
MRS. JUSTICE MANJARI NEHRU KAUL, J
(Paras 1-6) ... ... (B) Definition of 'public servant' under the Prevention of Corruption Act - ... 18, 59 - Anticipatory bail sought by private individuals accused of corruption and drug-related offenses - Petitioners argued they ... The court emphasized that the petitioners, being private individuals, do not fall under the definition of public servants, and thus ... It is further contended that the prosecution has not alleged that they either offered a bribe or made any payment pursuant to such an o....
2025 0 Supreme(Raj) 1677 • India - High Court of Rajasthan (Jaipur Bench)
GANESH RAM MEENA
(A) Prevention of Corruption (Amendment) Act, 2018 - Sections 7, 7A - Indian Penal Code, 1860 - Section 120B - Quashing of FIR ... (Paras 22, 34) ... ... Issues: Whether the accused made a demand for bribes and whether there ... (Paras 1, 10, 22, 34) ... ... (B) Criminal Conspiracy - Definition ... Alwar-I, for the offences punishable under sections 7, 7A of the Prevention of Corruption (Amendment) Act of 2018 (for short ‘the am....
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