Code:
[Punishment for abetment of offences defined in section 161 or section 165.] Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s. 31.
Explanation:
This section states that whoever, being a public servant, accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person any gratification (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 duty, favor or disfavor to any person, shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and shall also be liable to fine.
Illustration:
A police officer, who is tasked with investigating a case, accepts a bribe from the accused to drop the charges against him. This act would fall under Section 165A of the IPC as the officer has accepted gratification in exchange for showing favor to the accused in the exercise of his official duty.
Common Questions and Answers:
Q: What constitutes “gratification”?
A: Gratification includes any valuable thing, including money, property, or any other benefit, tangible or intangible.
Q: Is it necessary for the gratification to be accepted for an official act to be done or omitted?
A: No, it is sufficient that the gratification is accepted as a motive or reward for doing or forbearing to do an official act.
Q: Can a private person be charged under Section 165A?
A: No, only public servants can be charged under this section.
Q: What are the punishments for violating this section?
A: The punishment is imprisonment for a term of not less than two years, which may extend to seven years, and also a fine.
