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may 1959

Supreme Court of India · 1959-05-21

C.S. D. SWAMY vs THE STATE

Citation / case number
SC 1957/60080
Court
Supreme Court of India
Petitioner
C.S. D. SWAMY
Respondent
THE STATE
Bench
SINHA, BHUVNESHWAR P.

Judgment text excerpt

The Supreme Court held that under Section 5(3) of the Prevention of Corruption Act, 1947, the burden of proof shifts to the accused to satisfactorily account for wealth disproportionate to known sources of income. The Court clarified that the presumption of guilt does not create a new offense but establishes a rule of evidence, allowing conviction under Section 5(1)(d) even if specific bribery charges under Section 5(1)(a) are unproven. The appellant's conviction was upheld as he failed to provide a credible explanation for his wealth.

C.S. D. SWAMY vs THE STATE · Niyam