“The Demand, Acceptance, And Recovery Is Established”: A Legal Analysis Under The Prevention Of Corruption Act, 1988
- IJLLR Journal
- Jun 5
- 1 min read
Devansh Tiwari, LLM, APS University, Rewa, M.P., B.A.LL.B. (Hons.), DAVV Indore M.P.
ABSTRACT
Corruption within public administration undermines the rule of law, erodes public trust, and weakens institutions. One of the most contentious and legally intricate areas of anti-corruption jurisprudence in India is the requirement to establish “demand, acceptance, and recovery” of illegal gratification under the Prevention of Corruption Act, 1988 (as amended in 2018). This paper explores the legal principles, judicial interpretations, and legislative intent behind these three crucial elements. Through an in-depth examination of statutory provisions, landmark judgments, and comparative jurisprudence, the paper critically analyzes the evidentiary and procedural aspects of proving these elements. The study also addresses recent reforms, interpretative shifts, and the implications for law enforcement and the accused. The objective is to provide a comprehensive understanding of the phrase "demand, acceptance, and recovery is established" in the context of anti-corruption law in India.
