Code
Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both:
Provided that bribery by treating shall be punished with fine only.
Explanation.—”Treating” means that form of bribery where the gratification consists in food, drink, entertainment, or provision.
Explanation
This section states that whoever, being a public servant, accepts or obtains, or agrees to accept or 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 functions, any favor or disfavor to any person, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
Illustration
Imagine a government official who is responsible for issuing licenses. A person approaches the official and offers him a bribe to expedite the license application process. The official accepts the bribe, thereby violating Section 171E of the IPC.
Common Questions and Answers
Q: What is considered a “public servant” under this section?
A: A public servant includes any person employed in the service of the Government, including government officials, police officers, and judges.
Q: What is considered “gratification”?
A: Gratification can be in the form of money, property, gifts, or any other valuable thing.
Q: What is the punishment for violating this section?
A: The punishment can be imprisonment for up to two years, a fine, or both.
Q: Is bribery always a criminal offense?
A: Yes, accepting or offering a bribe to a public servant for an official act is always considered a criminal offense under IPC 171E.
