Public servants can be convicted for bribery on circumstantial evidence

The Supreme Court has said that a public servant can be convicted for illegal gratification in a corruption case on the basis of circumstantial evidence when there is no direct oral or documentary evidence against them.

A five-judge Constitution bench headed by Justice S A Nazeer said complainants as well as the prosecution should make sincere efforts so that corrupt public servants are brought to book and convicted so that the administration and governance become untouched and free from corruption.

The bench, also comprising justices B R Gavai, A S Bopanna, V Ramasubramanian and B V Nagarathna, said, “In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of the Act based on other evidence adduced by the prosecution.”

The bench further added, “In the event the complainant turns hostile or has died or is unable to let in his evidence during the trial, the demand of illegal gratification can be proved by letting in the evidence of any other witness either orally or documentary evidence or the prosecution can prove the case by circumstantial evidence. The trial does not abate nor does it result in an order of acquittal of the public servant.”