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    Important Cases on Prevention of Corruption Act 1988

    Below are judgment-wise case notes on the Prevention of Corruption Act, 1988, curated exclusively for Judicial Service Exams.
    Each note is framed in the exact style useful for Mains answers, Prelims MCQs, and interviews.


    ๐Ÿ“š Judgment-Wise Case Notes

    Prevention of Corruption Act, 1988


    1. Subramanian Swamy v. Manmohan Singh

    (2012) 3 SCC 64

    Issue

    Whether delay in granting sanction for prosecution of a public servant is permissible?

    Held

    • Sanction must be granted within a reasonable time
    • Normally within 3 months, extendable to 4 months with reasons
    • Delay defeats the object of the Act

    Ratio Decidendi

    Sanction is meant to facilitate prosecution, not to protect corruption.

    Exam Use

    • Quoted in questions on Section 19 โ€“ Sanction
    • Useful for answer: โ€œDelay in sanction cannot be used as a shieldโ€

    2. P. Satyanarayana Murthy v. State of A.P.

    (2015) 10 SCC 152

    Issue

    Is mere recovery of bribe money sufficient for conviction?

    Held

    โŒ No conviction without proof of demand

    Ratio

    • Demand of bribe is sine qua non
    • Recovery is only corroborative

    Exam Use

    • Most important case for Section 7
    • Appears frequently in Prelims

    3. B. Jayaraj v. State of A.P.

    (2014) 13 SCC 55

    Issue

    Whether presumption under Section 20 applies without proof of demand?

    Held

    • Presumption arises only after demand and acceptance are proved

    Key Principle

    Section 20 cannot be invoked mechanically

    Exam Use

    • Link with burden of proof
    • Good authority for acquittal reasoning

    4. Neeraj Dutta v. State (NCT of Delhi)

    (2023) 4 SCC 731 ๐Ÿ”ฅ (VERY IMPORTANT โ€“ Latest)

    Issue

    Can demand be proved by circumstantial evidence?

    Held

    โœ” Yes

    Ratio

    • Demand need not always be proved by direct evidence
    • Can be inferred from:
      • Conduct of accused
      • Surrounding circumstances
      • Electronic evidence

    Exam Use

    • Modern interpretation of โ€œdemandโ€
    • Very likely Mains & Interview question

    5. State of Punjab v. Madan Mohan Lal Verma

    (2013) 14 SCC 153

    Issue

    Reliability of trap witnesses

    Held

    • Trap witnesses are not accomplices
    • Their evidence cannot be discarded merely because they are interested

    Principle

    Evidence must be carefully scrutinized, not rejected outright


    6. Krishan Chander v. State of Delhi

    (2016) 3 SCC 108

    Issue

    Effect of defective sanction

    Held

    • Defective sanction does not vitiate trial
    • Accused must show failure of justice

    Exam Use

    • Strong authority for procedural irregularity

    7. N. Vijayakumar v. State of Tamil Nadu

    (2021) 3 SCC 687

    Issue

    Conviction based only on recovery and phenolphthalein test

    Held

    โŒ Conviction unsustainable without proof of demand

    Key Takeaway

    Chemical test โ‰  proof of corruption


    8. M. Narasinga Rao v. State of A.P.

    (2001) 1 SCC 691

    Issue

    Nature of presumption under Section 20

    Held

    • Presumption is mandatory
    • Rebuttable on preponderance of probability

    Exam Use

    • Excellent for explaining standard of rebuttal

    9. V. Sejappa v. State

    (2016) 12 SCC 150

    Issue

    Whether shadow witness turning hostile destroys prosecution case?

    Held

    • Not fatal if demand is otherwise proved
    • Court can rely on other evidence

    10. C.M. Girish Babu v. CBI

    (2009) 3 SCC 779

    Issue

    Defence of money taken as loan

    Held

    • Accused must establish defence with probable explanation
    • Mere assertion is insufficient

    11. State of A.P. v. P. Venkateshwarlu

    (2015) 7 SCC 283

    Issue

    Bribe paid under compulsion

    Held

    • Bribe giver is not an accomplice
    • Covered under protection clause (now Section 8)

    12. Prakash Singh Badal v. State of Punjab

    (2007) 1 SCC 1

    Issue

    Who is a public servant?

    Held

    • Definition under Section 2(c) is very wide
    • Political position does not grant immunity

    Exam Use

    • Perfect for definition-based questions

    13. R. Venkatkrishnan v. CBI

    (2009) 11 SCC 737

    Issue

    Proof of criminal misconduct

    Held

    • Prosecution must establish dishonest intention
    • Mere procedural irregularity is insufficient

    14. State v. C. Uma Maheswara Rao

    (2004) 4 SCC 399

    Issue

    Whether demand can be presumed?

    Held

    โŒ Demand must be affirmatively proved


    One-Line Golden Rules (Highly Scorable)

    • Demand is the soul of corruption offence
    • Recovery follows demand, not vice-versa
    • Presumption is rebuttable, not absolute
    • Sanction is a sword, not a shield
    • Trap witnesses โ‰  accomplices

    ๐Ÿ“Œ How to Use These in Exams

    Prelims

    • Focus on ratios & keywords
    • Match case โ†’ principle

    Mains

    • Start with:
      โ€œIn P. Satyanarayana Murthy, the Supreme Court heldโ€ฆโ€
    • Apply facts โ†’ conclude

    Interview

    • Quote Neeraj Dutta (2023) confidently

    Read Also

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