Part 3
Offences against the Administration of Law and Justice and against Public Authority
Chapter 12
Corruption and Abuse of Office
98. (1) Any public official (as defined in section 98D) who -
(a) corruptly asks for, receives or obtains any property or benefit of any kind for himself or any other person ; or bribes, etc.,
(b) corruptly agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person, on account of -
(i) anything already, done or omitted, or any favour or disfavour already shown to any person, by himself in the discharge of his official duties or in relation to any matter connected with the functions, affairs or business of a Government department, public body or other organisation or institution in which he is serving as a public official, or
(ii) anything to be afterwards done or omitted, or any favour or disfavour to be afterwards shown to any person, by himself in the discharge of his official duties or in relation to any such matter as aforesaid, is guilty of the felony of official corruption and is liable to imprisonment for seven years.
(2) If in any proceedings for an offence under this section it is proved that any property or benefit of any kind, or any promise thereof, was received by a public official, or by some other person at the instance of a public official, from a person -
(i) holding, or seeking to obtain, a contract, licence or permit from a Government department, public body or other organisation or institution in which that public official is serving as such, or
(ii) concerned, or likely to be concerned, in any proceeding or business transacted, pending or likely to be transacted before or by that public official or a government department, public body or other organisation or institution in which that public official is serving as such, or by or from any person acting on behalf of or related to such a person, the property, benefit or promise shall, unless the contrary is proved, he deemed to have been received corruptly on account of such a past or future act, ommission, favour or disfavour as is mentioned in subsection (1)(i) or (ii).
(3) In any proceedings for an offence under this section to which subsection (1)(ii) is relevant it shall not be a defence to show that the accused -
(a) did not subsequently do, make or show the act, omission, favour or disfavour in question ; or
(b) never intended to do, make or show it.
(4) Without prejudice to subsection (3), where a police officer or other public official whose official duties include the prosecution detention or punishment of offenders is charged with an offence under this section in connection with -
(a) the arrest, detention or prosecution of any person for an alleged offence ; or
(b) an ommission to arrest, detain or prosecute any person for an alleged offence ; or
(c) the investigation of an alleged offence,
it shall not be necessary to prove that the accused believed that the offence mentioned in paragraph (a), (b),or (c), or any other offence, had been committed.
Offences against administration of justice
Soliciting or accepting a bribe as an official of the Court
National penalties - offences against the administration of justice
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