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1 - 10 of 25 (0.28 seconds)Section 13 in The Prevention of Corruption Act, 1988 [Entire Act]
Section 20 in The Prevention of Corruption Act, 1988 [Entire Act]
The Prevention of Corruption Act, 1988
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
B.Jayaraj vs State Of A.P on 28 March, 2014
59)
"7. Insofar as the offence under Section 7
is concerned, it is a settled position in law that
demand of illegal gratification is sine qua non to
constitute the said offence and mere recovery of
currency notes cannot constitute the offence
under Section 7 unless it is proved beyond all
reasonable doubt that the accused voluntarily
accepted the money knowing it to be a bribe. The
above position has been succinctly laid down in
several judgments of this Court.
Article 226 in Constitution of India [Constitution]
N. Vijayakumar vs State Of Tamil Nadu on 3 February, 2021
13. Even the issue of presumption under Section 20 of
the PC Act has been answered by the Constitution Bench by
holding that only on proof of the facts in issue, Section 20
mandates the Court to raise a presumption that illegal
gratification was for the purpose of motive or reward as
mentioned in Section 7 (as it existed prior to the amendment of
2018). In fact, the Constitution Bench has approved two
decisions by the benches of three Hon'ble Judges in the cases
of B. Jayaraj1 and P. Satyanarayana Murthy2. There is another
decision of a three Judges' bench in the case of N.
Vijayakumar v. State of Tamil Nadu5, which follows the view
taken in the cases of B. Jayaraj1 and P. Satyanarayana Murthy2.