There are conflicting judgments of the Supreme Court about requirement of demand of bribe, though generally it has been held that proof of demand is essential.
If the bribe has been accepted through a private person, normally such private person is also named an accused for abetting the offence. It depends on detailed facts as to in what circumstances and under whose directions, he accepted the bribe. It is a matter of evidence and facts.
The questions mentioned by you are generally questions of fact, which cannot be answered on this forum. You may have to consult a lawyer who is well-versed in anti-corruption laws and show your documents / records to get the expert advice on your facts.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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