CHAPTER IX- OFFENCES BY OR RELATING TO PUBLIC SERVANTS

Public servant taking a gratification, other than legal remuneration, in respect of an official act
161. Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person, with the Government, or with any Member of Parliament or the Cabinet, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Explanations .—“Expecting to be a public servant”. If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section.

“Gratification”. The word “gratification” is not restricted to pecuniary gratifications, or to gratifications estimable in money.

“Legal remuneration”. The words “legal remuneration” are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by law to accept.

“A motive or reward for doing”. A person who receives a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within these words.

Illustrations

(a) A, a judge, obtains from Z, a banker, a situation in Z’s bank for A’s brother, as a reward to A for deciding a cause in favour of Z. A has committed the offence defined in this section.

(b) A, a public servant, induces Z erroneously to believe that A’s influence with another public servant has obtained for Z a contract to do work, and thus induces Z to give A money. A has committed the offence defined in this section.

(c) A, a public servant, induces Z erroneously to believe that A’s influence with the Government has obtained a grant of land for Z, and thus induces Z to give A money, as a reward for his service. A has committed the offence defined in this section.
[51/2007]


Taking a gratification in order, by corrupt or illegal means, to influence a public servant
162. Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by corrupt or illegal means, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person, with the Government, or with any Member of Parliament or the Cabinet, or with any public servant, as such, shall be punished with
imprisonment for a term which may extend to 3 years, or with fine, or with both.


Taking a gratification, for the exercise of personal influence with a public servant
163. Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Government, or with any Member of Parliament or the Cabinet, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Illustration

An advocate who receives a fee for arguing a case before a judge; a person who receives pay for arranging and correcting a memorial addressed to Government, setting forth the services and claims of the memorialist; a paid agent for a condemned criminal, who lays before the Government statements tending to show that the condemnation was unjust Ñ are not within this section, inasmuch as they do not exercise or profess to exercise personal influence.

Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties