Report No. 254
7. Offence relating to public servant being bribed
(1) Any person, being, or expecting to be, a public servant who obtains or agrees to receive or accepts or attempts to obtain, an undue advantage from any person 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.
(2) Notwithstanding anything contained in sub-section (1), any person, being, or expecting to be, a public servant who, -
(a) obtains or agrees to receive or accepts or attempts to obtain from any person, any undue advantage, intending that, in consequence, a public function or activity would be performed improperly either by himself or by another public servant; or
(b) obtains or agrees to receive or accepts or attempts to obtain, an undue advantage as a reward for the improper performance (whether by himself or by another public servant) of a public function or activity; or
(c) performs, or induces another public servant to perform, improperly a public function or activity in anticipation of or in consequence of agreeing to receive or accepting an undue advantage from any person, 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.
Explanation 1. - For the purpose of sub-section (1), the obtaining, agreeing to receive, accepting, or the attempting to obtain an undue advantage itself constitutes the improper performance of a public function or activity.
Illustration: A public servant, 'R' asks a person, 'P' to give him Rs. 10,000 to process his routine ration card application on time. R is guilty of an offence under this sub-section.
Explanation 2. - For the purpose of sub-section (1), the expressions "obtains" or "attempts to obtain" shall cover cases where a person, being, or expecting to be, a public servant, obtains 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 acting in violation of a statutory duty or any set of rules, government policies, executive instructions and procedures; or by any other corrupt or illegal means.
Explanation 3. - For the purpose of this section, it shall be immaterial whether-
(a) such person being, or expecting to be, a public servant obtains or agrees to receive or accepts, or attempts to obtain (or is to agree to receive, or accept) the advantage directly or through a third party;
(b) the undue advantage is, or is to be, for the benefit of such person being or expecting to be, a public servant or another person.
Explanation 4. - "Expecting to be a public servants" - For the purpose of this section, if a person not expecting to be in office agrees to receive or accepts or attempts to obtain from any person, any undue advantage by deceiving such other person into a belief that he is about to be in office, and that he will then serve him, he may be guilty of cheating, but he is not guilty of the offence defined in this section.
Explanation 5. - For the purpose of this section, where a public servant, or a person expecting to be a public servant, induces a person erroneously to believe that his influence with the Government has obtained a title or other benefit for that person and thus induces that person to give the public servant, any undue advantage as a reward for this service, the public servant has committed an offence under this section.
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