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Babji v. State of Andhra Pradesh

Criminal Appeal · 2018 INSC 683Decided 9 Aug 2018
Criminal Appeal No. 2159 of 2009
Justice R. Banumathi · Justice Vineet Saran

Background

A travel-booking intermediary (the appellant) was accused of charging a customer an inflated amount above the official airfare, on the promise of arranging a confirmed air ticket on a waitlisted flight. He was convicted by the trial court under Section 8 of the Prevention of Corruption Act, and the High Court confirmed the conviction. He then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court explained that an offence under Section 8 of the Act requires proof that the accused received or demanded gratification specifically as a motive or reward for inducing a public servant to perform or favour some official act. Examining the evidence, the Court found it vague and inconclusive as to whether the money the appellant received was meant to induce any identifiable public servant to act in an official capacity, since the booking process could have involved a travel agency or private intermediaries rather than a public servant. Because the prosecution failed to establish this essential link by convincing evidence, the Court held the conviction unsustainable, allowed the appeal, and acquitted the appellant, discharging his bail bonds.

Lesson Learnt

A conviction under India's anti-corruption law for paying or demanding money to "get something done" requires clear proof that the payment was intended to influence a specific public servant's official act: vague suspicion of middlemen profiteering, without that proven link, is not enough to sustain a corruption conviction.

Official source (sci.gov.in)View Judgment (PDF)

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