Prevention of Corruption Act · 2019 Revised Edition · Part · Offences
8. Acceptor of gratification to be guilty notwithstanding that purpose not carried out etc.
Official textFrom Attorney General's Chambers, unchanged
Where in any proceedings against any agent for any offence under section 6(a), it is proved that he accepted, obtained or agreed to accept or attempted to obtain any gratification having reason to believe or suspect that the gratification was offered as an inducement or reward for his doing or forbearing to do any act or for showing or forbearing to show any favour or disfavour to any person in relation to his principal’s affairs or business, he shall be guilty of an offence under that section notwithstanding that he did not have the power, right or opportunity so to do, show or forbear or that he accepted the gratification without intending so to do, show or forbear or that the act, favour or disfavour was not in relation to his principal’s affairs or business.
agent
“agent” means any person employed by or acting for another, and includes a trustee, administrator and executor, and a person serving under any public body, and for the purposes of section 26 includes a sub-contractor and any person employed by or acting for such sub-contractor;
Where in any proceedings against any person for any offence under section 6(b), it is proved that he gave, agreed to give or offered any gratification to any agent as an inducement or reward for doing or forbearing to do any act or for showing or forbearing to show any favour or disfavour to any person having reason to believe or suspect that the agent had the power, right or opportunity so to do, show or forbear and that the act, favour or disfavour was in relation to his principal’s affairs or business, he shall be guilty of an offence under that section notwithstanding that the agent had no power, right or opportunity or that the act, favour or disfavour was not in relation to his principal’s affairs or business.
gratification
“gratification” includes — (a) money or any gift, loan, fee, reward, valuable security or other property or interest in property of any description, whether movable or immovable; (b) any office, dignity, employment, contract or services and any agreement to give employment or render services in any capacity; (c) any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part; (d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage; (e) any forbearance to demand any money or money’s worth or valuable thing; (f) any aid, vote, consent or influence or pretended aid, vote, consent or influence, and any promise or procurement of, or agreement or endeavour to procure, or the holding out of any expectation of, any gift, loan, fee, reward, consideration or gratification within the meaning of this paragraph; (g) any other service, favour or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and (h) any offer, undertaking or promise of any gratification within the meaning of paragraphs (a) to (g);
Terms defined in s 2
agent
Defined · s 2“agent” means any person employed by or acting for another, and includes a trustee, administrator and executor, and a person serving under any public body, and for the purposes of section 26 includes a sub-contractor and any person employed by or acting for such sub-contractor;
gratification
Defined · s 2“gratification” includes — (a) money or any gift, loan, fee, reward, valuable security or other property or interest in property of any description, whether movable or immovable; (b) any office, dignity, employment, contract or services and any agreement to give employment or render services in any capacity; (c) any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part; (d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage; (e) any forbearance to demand any money or money’s worth or valuable thing; (f) any aid, vote, consent or influence or pretended aid, vote, consent or influence, and any promise or procurement of, or agreement or endeavour to procure, or the holding out of any expectation of, any gift, loan, fee, reward, consideration or gratification within the meaning of this paragraph; (g) any other service, favour or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and (h) any offer, undertaking or promise of any gratification within the meaning of paragraphs (a) to (g);
principal
Defined · s 2“principal” includes any employer, any beneficiary under a trust, and any trust estate (as though it were a person), any person beneficially interested in the estate of a deceased person (as though it were a person) and, in the case of any person serving under a public body, the public body;
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