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Supreme Court of India· 22 September 2026

Does an offence under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 require proof of demand of illegal gratification as its gravamen?

JASWINDER SINGH v. STATE OF PUNJAB
2026 INSC 1031 · CRIMINAL APPEAL NO. 2137 OF 2014
Coram: Justice Ujjal Bhuyan · Justice Arun Palli
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Answer

An offence under Sections 7 and 13(1)(d) of the PC Act requires proof of the demand of illegal gratification as its gravamen.

Yes. An offence under Sections 7 and 13(1)(d)(i) and (ii) of the Prevention of Corruption Act, 1988 requires proof of the demand of illegal gratification as its gravamen — in its absence the charge would fail, and mere acceptance or recovery of tainted money, dehors proof of demand, is not by itself sufficient to bring home the charge. (¶13)

Headnote

Prevention of Corruption Act, 1988 — s.7 — s.13(1)(d) — s.13(2) — Demand and acceptance of illegal gratification — Public servant — Criminal misconduct — Prevention of Corruption Act, 1988 — s.7, s.13(1)(d) — Demand of illegal gratification — Gravamen of the offence — Held: An offence under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 requires proof of the demand of illegal gratification as its gravamen. In its absence the charge would fail, and recovery of tainted money alone does not sustain a conviction. (¶13) Prevention of Corruption Act, 1988 — s.7, s.13(1)(d) — Offer and demand — Constitution Bench test — Held further: An offer by the bribe-giver and a demand by the public servant are both facts in issue. Each must be proved by the prosecution before a conviction can follow under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988. (¶14) Criminal Appeal — Conviction and sentence — Demand and acceptance not proved — On facts, held: Neither the demand for, nor the acceptance of, the bribe was proved by any witness present at the alleged transaction between the appellant and the informant. The conviction and sentence under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 could not be sustained and the appeal was allowed. (¶20, 21, 22, 23)

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In the Court's own words
Paragraph 13This Court in P. Satyanarayana Murthy Vs. State of A.P.[^1] held that proof of demand of illegal gratification is the gravamen of the offence under Sections 7 and 13(1)(d)(i) and (ii) of the PC Act; in absence thereof, the charge would fail. Mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof, dehors the proof of demand, ipso facto would thus not be sufficient to bring home the charge under the aforesaid two sections of the PC Act. Therefore, failure of the prosecution to prove the demand for illegal gratification would be fatal and mere recovery of the amount from the person accused of the offence under Sections 7 or 13 of the PC Act would not entail his conviction thereunder. This Court held thus: 23. The proof of demand of illegal gratification, thus, is the gravamen of the offence under Sections 7 and 13(1)(d)(i) and (ii) of the Act and in absence thereof, unmistakably the charge therefor, would fail. Mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof, dehors the proof of demand, ipso facto, would thus not be sufficient to bring home the charge under these two sections of the Act. As a corollary, failure of the prosecution to prove the demand for illegal gratification would be fatal and mere recovery of the amount from the person accused of the offence under Section 7 or 13 of the Act would not entail his conviction thereunder.
Acts & Sections
s.7 Prevention of Corruption Act, 1988s.13(1)(d) Prevention of Corruption Act, 1988s.13(2) Prevention of Corruption Act, 1988s.2(c) Prevention of Corruption Act, 1988

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Also decided in this judgment
Must an offer by the bribe-giver and a demand by the public servant both be proved to convict under the Prevention of Corruption Act, 1988?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections