Section 161 IPC: Bribery by Public Servant under Prevention of Corruption Act 1988

1. Code:

Section 161 of the Indian Penal Code (IPC) deals with the offense of bribery by a public servant. This section is further elaborated and strengthened by the Prevention of Corruption Act, 1988.

2. Explanation:

According to Section 161, a public servant is considered guilty of bribery if they:

• Illegally accept or obtain any gratification, directly or indirectly, for themselves or for any other person,
• As a motive for performing or forbearing to perform any official act or for showing favoritism in the exercise of their official duties.

The Prevention of Corruption Act, 1988, expands upon this definition by outlining various forms of corrupt practices and providing harsher penalties for bribery offenses.

3. Illustration:

Imagine a police officer who demands a bribe from a citizen to let them off with a minor traffic violation. In this case, the officer is accepting a gratification for forbearing to perform their duty (issuing a ticket). This would constitute bribery under Section 161 IPC and the Prevention of Corruption Act.

4. Common Questions and Answers:

Q: Who is considered a public servant under this law?

A: Public servant includes a wide range of individuals, from government officials and employees to police officers, judges, teachers, and even private individuals who perform public functions.

Q: What constitutes “gratification”?

A: “Gratification” can be anything of value, not just money. It can include gifts, favors, promises, or even something intangible like a position of power.

Q: What are the penalties for bribery under this law?

A: The penalties for bribery under Section 161 IPC and the Prevention of Corruption Act vary depending on the severity of the offense. They can include imprisonment for a term up to 10 years and a hefty fine.