Code:
[Public servant taking a gratification other than legal remuneration, in respect of an official act.] Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s. 31.
STATE AMENDMENT
Kerala.
Amendment of section 161, Central Act 45 of 1860–In section 161 of the Indian Penal Code (Central Act 45 of 1860), after the explanation relating to A motive or reward for doing, the following explanation shall be inserted, namely:–
” ‘Public Servant’.”– For purposes of this section and sections 162, 163, 164, 165 and 165A, the words public servant shall denote, besides those who are public servants under section 21 or who are deemed to be public servants within the meaning of that section under any law for the time being in force, persons falling under any of the descriptions hereinafter following, namely:—.
(i) Every officer in the service or pay of the Travancore Devaswom Board or the Cochin Devaswom Board or the Cochin Devaswom Board;
(ii) Every officer in the service or pay and every member of the Wakfs Board constituted under the Wakfs Act, 1954 (Central Act 29 of 1954);
(iii) The President and every member of a Village Court or Village Panchayat Court;
(iv) Every member of the Board of Directors or of the executive or managing committee and every officer or servant of a co-operative society registered or deemed to be registered under the law relating to co-operative societies for the time being in force.
(v) Every member of the governing body and every officer or servant in the service or pay of a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 or the Societies Registration Act, 1860, and receiving aid or grant from the Government;
(vi) Every teacher or other officer or servant of the University of Kerala;
(vii) Every examiner of a University Examination or a Government Examination;
(viii) Every Manager, or teacher or servant of an educational institution which receives or has received aid or grant from the Government or the University of kerala.”.
[Vide Kerala Act 27 of 1962, sec. 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.
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.
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.
