Question
Read the following statements thoroughly: 1.
Demand of bribe is a mandatory ingredient for conviction under Section 7. 2. Acceptance without proof of demand is enough for conviction. 3. Demand may be established through direct or circumstantial evidence. Which are correct according to the PC Act?Solution
Demand of illegal gratification is a sine qua non for conviction under Section 7 of the PC Act. Courts have repeatedly held that acceptance or recovery of money without proof of demand is insufficient. However, demand need not always be proved through direct oral testimony. It may be established through circumstantial evidence such as conduct of the accused, surrounding circumstances, recorded conversations, or corroborative material. Acceptance without proof of demand does not satisfy the statutory requirement.
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