Section 20 of The Prevention of Corruption Act, 1988
1[20. Presumption where public servant accepts any undue advantage.-- Where, in any trial of an offence punishable under section 7 or under section 11, it is proved that a public servant accused of an offence has accepted or obtained or attempted to obtain for himself, or for any other person, any undue advantage from any person, it shall be presumed, unless the contrary is proved, that he accepted or obtained or attempted to obtain that undue advantage, as a motive or reward under section 7 for performing or to cause performance of a public duty improperly or dishonestly either by himself or by another public servant or, as the case may be, any undue advantage without consideration or for a consideration which he knows to be inadequate under section 11.]
Summary
- During a trial, if it is proven that a public servant took an extra benefit, the law assumes it was a bribe.
- This assumption is called a presumption, and it shifts the burden of proof to the accused official.
- The official must prove to the court that the money or gift was not a reward for doing their job improperly.
- This rule applies specifically to trials involving the taking of bribes or getting things for free or at a low cost.
- The presumption remains in effect unless the accused person can prove that the opposite is true.
Practical examples
FAQ
1. What does Section 20 of the Prevention of Corruption Act, 1988, assume about gifts to officials?
Section 20 of the Prevention of Corruption Act, 1988, assumes that any undue advantage taken by an official was a motive or reward for acting dishonestly.
2. Can a public servant fight the assumption made in Section 20 of the Prevention of Corruption Act, 1988?
Yes, Section 20 of the Prevention of Corruption Act, 1988, says the assumption holds unless the contrary is proved by the accused.
3. Does Section 20 of the Prevention of Corruption Act, 1988, apply to every crime in the Act?
No, Section 20 of the Prevention of Corruption Act, 1988, only applies to trials for offences under section 7 or section 11.
4. If an official takes money for another person, does Section 20 of the Prevention of Corruption Act, 1988, still apply?
Yes, Section 20 of the Prevention of Corruption Act, 1988, applies whether the official took the advantage for himself or for any other person.
Test yourself
Q1.Under Section 20 of the Prevention of Corruption Act, 1988, what is presumed if an official is proven to have accepted an undue advantage?
Q2.To which sections does the presumption in Section 20 of the Prevention of Corruption Act, 1988, apply?
Q3.According to Section 20 of the Prevention of Corruption Act, 1988, who has the burden to prove that an extra benefit was not a bribe?
Q4.Under Section 20 of the Prevention of Corruption Act, 1988, what if the court is trying a case for an offence under section 11?
Q5.If a court has not received the sanction required by Section 19 of the Prevention of Corruption Act, 1988, can it apply the presumption in Section 20?