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Report No. 29

Chart No. 1

Obtaining gratification

Section 161, Indian Penal Code.

Section 5(1)(a), Prevention etc., Act.1

Offence can be committed by a person who is or expects to be a public servant. Offence can be committed only by a public servant.
An isolated act is enough. There must be habitual acceptance, etc., of gratification.
The punishment is imprisonment up to 3 years of fine or both. The punishment is imprisonment up to 7 years, and also fine. Further, the imprisonment shall not be less than one year in the absence of special reasons to the contrary.
Section 5(2). As regards fine, the court must take into consideration the various factors mentioned in section 5(2A).

1. On section 5(1)(a) generally. See Ram Krishna v. State, AIR 1944 SC 476.

Proposal to include certain Social and Economic Offences in the Indian Penal Code Back

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