If a public servant accepts bribe, it is an offence under Section 7 of the Prevention of Corruption Act, 1988 [note: at the same time, it may also be an offence under Section 13(1)(d) of the Act, which is made punishable under Section 13(2) of the Act]. Now, if a person offers bribe to a public servant then it is considered as an abetment of the offence under Section 7 of the Act. This abetment has been made punishable under Section 12 of the Act, irrespective of whether or not that offence under Section 7 is committed in consequence of that abetment. Therefore, the bribe giver is punished under Section 12 of the P.C. Act irrespective of whether or not that public servant accepts the bribe, and the maximum punishment for this offence is 7 years’ imprisonment and also fine. Section 12 of the Act is as under:
“12. Punishment for abetment of offences defined in Section 7 or 11.—Whoever abets any offence punishable under Section 7 or Section 11 whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not less than three years but which may extend to seven years and shall also be liable to fine.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.