Penal Code · 2021 Revised Edition · Chapter IX
161. Public servant taking gratification other than legal remuneration in respect of official act
Official textFrom Attorney General's Chambers, unchanged
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;
showing or forbearing to show in the exercise of his official functions, favour or disfavour to any person; or
76
Penal Code
rendering or attempting to render any service or disservice to any person, with Government, or with any public servant, as such.
a shall be punished with imprisonment for a term not exceeding 7 years and fine.
Explanation -
"Expecting to be a public servant" -
If a person, not expecting to be in ofice, 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 a 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 the Government which he serves 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.
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.
A, a public servant, induces Z erroneously to believe that A's influence with a
Government oficer 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.
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.
a
Spot a mistake in this text? Suggest a correction.
Chapter X
Contempts of Lawful Authority of Public Servants
Chapter XI
False Evidence and Offences Against Public Justice
Chapter
Offences Relating to Coin and Government Stamps
Chapter
Offences Relating to Weights and Measures
Chapter XIV
Offences Affecting Public Health, Safety, Convenience, Decency and Morals
Chapter XV
Offences Relating to Religion
Chapter XVI
Chapter XVII
Chapter XVIII
Offences Relating to Documents, False Documents and Currency Notes and Bank Notes
Chapter XIX
Criminal Breach of Contracts of Service
Chapter XX
Offences Relating to Marriage
Chapter XXI
Defamation
Chapter XXII
Criminal Intimidation, Insult and Annoyance
Chapter XXIII