| 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. |
| | | (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. |
|
|
|
| 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. | | 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 — are not within this section, inasmuch as they do not exercise or profess to exercise personal influence. |
|
|
|
| Punishment for abetment by public servant of the offences above defined |
164. Whoever, being a public servant, in respect of whom either of the offences defined in sections 162 and 163 is committed, abets the offence, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. | | A is a public servant. B, A’s wife, receives a present as a motive for soliciting A to give an office to a particular person. A abets her doing so. B is punishable with imprisonment for a term not exceeding one year, or with fine, or with both. A is punishable with imprisonment for a term which may extend to 3 years, or with fine, or with both. |
|
|
|
| Public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant |
165. Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any valuable thing, without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceedings or business transacted, or about to be transacted, by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. | | (a) A, a judge, hires a house of Z, who has a case pending before him. It is agreed that A shall pay $50 a month, the house being such that, if the bargain were made in good faith, A would be required to pay $200 a month. A has obtained a valuable thing from Z without adequate consideration. |
| | (b) A, a judge, buys of Z, who has a cause pending in A’s court, Government promissory notes at a discount, when they are selling in the market at a premium. A has obtained a valuable thing from Z without adequate consideration. |
| | (c) Z’s brother is apprehended and taken before A, a Magistrate, on a charge of perjury. A sells to Z shares in a bank at a premium, when they are selling in the market at a discount. Z pays A for the shares accordingly. The money so obtained by A is a valuable thing obtained by him without adequate consideration. |
|
|
|
| Public servant disobeying a direction of the law, with intent to cause injury to any person |
166. Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both. | | A, being an officer directed by law to take property under or pursuant to an enforcement order, or in execution in order to satisfy a decree, pronounced in Z’s favour by a court of justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section. |
|
|
[Act 25 of 2021 wef 01/04/2022] |
| Public servant framing an incorrect document or electronic record with intent to cause injury |
| 167. Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document or electronic record, frames or translates that document or electronic record in a manner which he knows or believes to be incorrect, intending thereby to cause, or knowing it to be likely that he may thereby cause, injury to any person, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. |
| Public servant unlawfully engaging in trade |
| 168. Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both. |
| Public servant unlawfully buying or bidding for property |
| 169. Whoever, being a public servant, and being legally bound as such public servant not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly or in shares with others, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and the property, if purchased, shall be confiscated. |
| Personating a public servant |
| 170. Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office, or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. |
| Wearing garb or carrying token used by public servant, with fraudulent intent |
| 171. Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $1,000, or with both. |
|
