Supreme Court: Multiple Cases Alone Cannot Justify an Externment Order  ||  Supreme Court: Certiorari Can Quash a Tribunal Decision That is Grossly Perverse  ||  Supreme Court: Informant’s Consent is Not Required to Quash a Case Settled With the Victim  ||  Madras High Court: False Posts Against a Minister are Not an Offence Without Intent to Cause Alarm  ||  Delhi High Court: Police Cannot Pick and Choose Among Accused Persons for Arrest  ||  J&K High Court: Bar Associations are Not ‘State’ under Article 12 and are Outside Writ Jurisdiction  ||  Calcutta High Court: Third Parties Can Challenge Inaction Against Unauthorised Construction  ||  Madras High Court: Being an Advocate Does Not Mean a Person Cannot Commit an Offence  ||  Delhi High Court: Husband Cannot Reopen Settled Marital Disputes to Avoid Maintenance Liability  ||  Calcutta High Court: State Cannot Deny CRMI Seats to Foreign Medical Graduates Citing Stipend Costs    

V. Sejappa v. State - (Supreme Court) (12 Apr 2016)

Mere handing over of currency notes not illegal gratification

MANU/SC/0494/2016

Criminal

Merely handing over money to a government official is insufficient to establish illegal gratification in the absence of proof of demand, the Supreme Court held.

The case at hand involved a government official having allegedly demanded Rs. 5000 from a retiree before he would sanction his retiral benefits and pension. Pursuant to a probe being conducted, the Appellant was found to have handled tainted money.

The court, however, was disinclined to be swayed by such singular evidence, noting that the Appellant was absent from office on official business when demand was made; there remained a dearth of evidence proving demand. It was also critical of the High Court’s failure to consider the defence that the amount paid by the retiree may have been for purchase of diesel.

Relevant : Umedbhai Jadavbhai Case MANU/SC/0164/1977 C.M. Sharma v. State of A.P. MANU/SC/0981/2010 Muralidhar alias Gidda and Anr. v. State of Karnataka MANU/SC/0294/2014

Tags : ILLEGAL GRATIFICATION   PROOF OF DEMAND  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved