Section 4 in The Jammu and Kashmir Prohibition on Manufacture of Specified Copper Utensils (By Machine) Act, 2006
4. Presumption where public servant accepts gratification other than legal remuneration.
- [(1) Where in any trial of an offence punishable [section 4-A or section 4-E of this Act] [Section 4 renumbered as sub-section (1) and sub-section (2) ami (3) inserted by Act II of 1958.] [or an offence referred to in clause (a) or clause (b) of sub-section (1) of section 5 of this Act punishable under sub-section (2) thereof] [Inserted by Act IX of 1983 section 8.] it is proved that an accused person has accepted or obtained or has agreed to accept or attempted to obtain for himself or for any other person any gratification (other than legal remuneration) or any valuable thing from any person. It shall be presumed unless the contrary is proved that he accepted or obtained, or agreed to accept or attempted to obtain that gratification or that valuable thing as the case may be as a motive or reward such as is [mentioned in the said section 4-A] [Substituted 'mentioned in the said section 161' by Jammu and Kashmir Act No. 8 of 2014, dated 22.3.2014.], on as the case may be without consideration or for a consideration which he knows to be inadequate.[***] [Proviso omitted by Act II of 1958.](2)Where in any trial of an offence punishable under section [section 161 of the Ranbir Penal Code] [Substituted '165-A of the Ranbir Penal Code. 1989 (XII of 1989) or under clause (ii) of subsection (3) of section 5 of this Act' by Jammu and Kashmir Act No. 8 of 2014, dated 22.3.2014.] it is proved that any gratification (other than legal remuneration) or any valuable thing has been given or offered to be given or attempted to be given by an accused person, it shall be presumed unless the contrary is proved that he gave or offered to give or attempted to give that gratification or that valuable thing, as the case may be. as a motive or reward such as is mentioned in section 161 of the Ranbir Penal Code, or, as the case may be. without consideration or for a consideration which he knows to be inadequate.(3)Notwithstanding anything contained in sub-section (1) and (2), the Court may decline to draw the presumption referred to in either of the said sub-sections, if the gratification or thing aforesaid is in its opinion, so trivial that no inference of corruption may fairly be drawn]
