Please note that Explanation (d) to Section 7 of the Prevention of Corruption Act, 1988, provides as under:
“(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.”
Therefore, where a public servant accepts a bribe, even if he was not in a position to do the work for which the bribe was demanded, it may still amount to an offence. Of course, the fact that he was not in a position to do the work would be a relevant fact, and may perhaps make the case a little weaker, but the fact remains that the law itself provides that even in such a situation, the offence may still be made out. So, ultimately, the case will be decided by taking a complete view of the detailed facts of the case.
Now that the case against you is pending in the court after charge sheet has been filed, you’ll have to fight it on merits, on facts of the case. You may engage some good lawyer for handling your case and show him all the relevant papers of the 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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