Daily Email Newsletter (Sign-up Free)

Sec 7, Prevention of Corruption Act 1988: Offence- public servant bribed

Section 7 (Offence relating to public servant being bribed) under Chapter III (Offences and Penalties) of the Prevention of Corruption Act 1988

❝Any public servant who,—

 (a) obtains or accepts or attempts to obtain from any person, an undue advantage, with the intention to perform or cause performance of public duty improperly or dishonestly or to forbear or cause forbearance to perform such duty either by himself or by another public servant; or

 (b) obtains or accepts or attempts to obtain, an undue advantage from any person as a reward for the improper or dishonest performance of a public duty or for forbearing to perform such duty either by himself or another public servant; or

 (c) performs or induces another public servant to perform improperly or dishonestly a public duty or to forbear performance of such duty in anticipation of or in consequence of accepting an undue advantage from any person,

shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.

 Explanation 1.—For the purpose of this section, the obtaining, accepting, or the attempting to obtain an undue advantage shall itself constitute an offence even if the performance of a public duty by public servant, is not or has not been improper.

 Illustration.—A public servant, ‘S’ asks a person, ‘P’ to give him an amount of five thousand rupees to process his routine ration card application on time. 'S' is guilty of an offence under this section.

 Explanation 2.—For the purpose of this section,—
 (i) the expressions “obtains” or “accepts” or “attempts to obtain” shall cover cases where a person being a public servant, obtains or “accepts” or attempts to obtain, any undue advantage for himself or for another person, by abusing his position as a public servant or by using his personal influence over another public servant; or by any other corrupt or illegal means;
 (ii) it shall be immaterial whether such person being a public servant obtains or accepts, or attempts to obtain the undue advantage directly or through a third party.❞



..............................................................

Notes:

The Prevention of Corruption Act, 1988 was amended by the:
 - the Lokpal and Lokayuktas Act, 2013 (Act No. 01 of 2014);
 - the Prevention of Corruption (Amendment) Act, 2018 (Act No. 16 of 2018).

No comments:

Post a Comment

In comment with "Name/Url" option, only Name is mandatory to be filled.