Report No. 254
8. Offence relating to bribing a public servant
Any person who-
(a) offers, promises or gives an undue advantage to another person, and intends such undue advantage-
(i) to induce a public servant to perform improperly a public function or activity; or
(ii) to reward such public servant for the improper performance of such public function or activity;or
(b) offers, promises or gives an undue advantage to a public servant and knows or believes that the acceptance of such undue advantage by the public servant would itself constitute the improper performance of a public function or activity, shall be punishable with imprisonment which shall not be less than three years but which may extend to seven years and shall also be liable to fine:
Provided that when the offence under this section has been committed by a commercial organisation, such commercial organisations shall be punishable with fine.
Illustration for sub-section (a): A person, 'P' gives a public servant, 'R' Rs. 10,000 to ensure that he is granted a license, over all the other bidders. P is guilty of an offence under this sub-section.
Illustration for sub-section (b): A person 'P' goes to a public servant, 'R' and offers to give him Rs. 10,000 to process his routine ration card application on time. P is guilty of an offence under this sub-section.
Explanation. - It shall be immaterial whether the person to whom the undue advantage is offered, promised or given is the same person as the person who is to perform, or has performed, the public function or activity concerned, and, it shall also be immaterial whether such undue advantage is offered, promised or given by the person directly or through a third party.
(2) Nothing in sub-section (1) shall apply to a person, if that person has, after informing a law enforcement authority or investigating agency, offered or given any undue advantage to another person in order to assist such law enforcement authority or investigating agency in its investigation of the offence alleged against the latter.
Explanation. - For the avoidance of doubt it is hereby clarified that the phase "another person" in this subsection shall include a person being, or expecting to be, a public servant.