Delhi: The Supreme Court, while convicting a government employee for accepting a bribe of Rs 2,000, said that under Section 20 of the Prevention of Corruption Act, 1988, it is not necessary whether the amount of bribe is large or small. The court said that if the allegations of bribery are proven, no estimate can be made about the size of the amount.
The bribe amount is very minor.
The Court also clarified that under Section 20(3), the Court has the power to draw adverse inferences against the public servant even if the amount of bribe is very small. According to this section, the amount of the bribe must be seen in proportion to the service offered.
guessing irrelevant
The Supreme Court held that when it is proven that an employee has entered into an agreement to receive a bribe, the presumption in the case becomes irrelevant.
payment under agreement
The court said: “Section 20 will be applicable only where there is no connection between the bribe demanded and the action taken. But, if it is proven that payment has been received in accordance with the agreement, the connection is clear and the presumption becomes irrelevant.”