Bribery can also be proved by circumstantial evidence: Supreme Court

The bench, also comprising Justices B R Gavai, A S Bopanna, V Ramasubramanian and B V Nagarathna, said such inference about the guilt of a public servant under the Act can be drawn based on “other evidence adduced by the prosecution”.

“Presumption of fact with regard to the demand and acceptance or obtainment of an illegal gratification may be made by a court of law by way of an inference only when the foundational facts have been proved by relevant oral and documentary evidence and not in the absence thereof,” it said.

Writing for the bench, Justice Nagarathna recalled what was said by the top court in the past – “Corruption by public servants has become a gigantic problem. It has spread everywhere. No facet of public activity has been left unaffected by the stink of corruption. It has deep and pervasive impact on the functioning of the entire country. Large-scale corruption retards the nation-building activities and everyone has to suffer on that count.”

The court also called for “sincere efforts to ensure that the corrupt public servants are brought to book and convicted so that the administration and governance becomes unpolluted and free from corruption”.