Corruption case when bribe taken for work which is not in powers of accused

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    • #2777
      Anonymous
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      In a case filed by the anti-corruption bureau (ACB), the accused public servant has allegedly taken bribe from the complainant whose work was pending in the department. However as per the rules applicable in the department, the work for which this bribe was taken was not within the powers of the accused public servant. What will happen to this case? Whether the accused will be convicted of offence under Section 7 and 13(1)(d) of the Prevention of Corruption Act?

    • #2805

      Let me first point out that Section 7 of the Prevention of Corruption Act, 1988, which defines the offence of bribery, inter alia, has an Explanation (d) which deals with the issue raised by you, and this explanation is reproduced below:

      “(d) “A motive or reward for doing.” A person who receives a gratification as a motive or reward for doing what he does not intend or is not in a position to do, or has not done, comes within this expression.”

      This Explanation makes it clear is that a public servant who “is not in a position to do” the work of the complainant for which he has taken a gratification, may still be considered to have accepted such gratification as a motive or reward as is mentioned in Section 7 offence. Thus, if the work for which the bribe was taken was not within the powers of the public servant, it may still be considered to be an offence under Section 7 of the said Act, if other requirements of the section are satisfied. This is the general legal principle that should answer your question.

      Rest, of course, will depend on detailed facts of your question, since each case has its own peculiar facts and the application of the legal principles has to be seen in the light of the detailed facts of each case.

           


      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.

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