Agreeing to illegal gratification accept bribes also an offence: Kerala HC

TNN | Jun 23, 2014, 11.17 AM IST

KOCHI: A public servant agreeing to accept bribe can be held guilty, the Kerala high court has ruled, adding that it was not necessary to prove the person had accepted illegal gratification.

Justice A Hariprasad passed the ruling while considering an appeal by former sub-registrar of Peermade, B A Safia Beevi. She had moved the court challenging her conviction in a corruption case, which alleged she had accepted bribe for registering land-sale documents.

Referring to Section 7 of the Prevention of Corruption Act, 1988, the court held that mere demand or solicitation of gratification by a public servant would not constitute an offence. The judge said the demand must have a bearing on doing any official act.

"In order to bring home the guilt of a public servant, it is not necessary to prove he has actually accepted or obtained illegal gratification," the court said.

The Kerala high court ruled, "It is enough if it is shown that he had agreed to accept illegal gratification," adding that the words "obtains or attempts to obtain" included threat or extortion.

The court further said that the payment need not necessarily made to the public servant. It could be considered an offence if it was made to a person designated by the accused. Based on Supreme Court decisions, the court also warned that prosecution was bound to prove such cases beyond doubt that the accused had agreed to accept bribe. The judge also said that independent corroboration would be required in such graft cases. "In one case, the apex court held that in "trap" cases, the accused was entitled to the benefit of doubt if the money was "planted" in his absence or without his knowledge.

The court acquitted Beevi as prosecution failed in proving that the money, recovered from the sub-registrar's table, where the complainant had placed it, was more than the mandatory registration fee.