Explanation. ―Expecting to be a public servant.‖ If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section. ―Gratification.‖ The word ―gratification‖ is not restricted to pecuniary gratifications, or to gratifications estimable in money. ―Legal remuneration.‖ The words ―legal remuneration‖ are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the l[authority by which he is employed], to accept. ―A motive or reward for doing.‖ A person who receives a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within these words. 2[‗Public servant‘. In this section and in sections 162, 163, 164, 165, 166, 167, 168, 169 and 409, ‗public servant‘ includes an employee of any corporation or other body or organization set up, controlled or administered by, or under the authority of, the Federal Government.] Illustrations (a) A, a munsif, obtains from Z, a banker, a situation in Z's bank for A‘s brother, as a reward to A for deciding a cause in favour of Z. A has committed the offence defined in this section. (b) A, holding the office of 3[Consul] at the Court of a 4[Foreign] Power accepts a lakh of rupees from the Minister of that Power. It does not appear, that A accepted this sum as a motive or reward for doing or forbearing to do any particular official act, or for rendering or attempting to render any particular service to that Power with the 5[Government of Pakistan]. But it does appear that A accepted the sum as a motive or reward for generally showing favour in the exercise of his official functions to that Power. A has committed the offence defined in this section. (c) A, a public servant, induces Z erroneously to believe that A‘s influence with the Government has obtained a title for Z and thus induces Z to give A money as a reward for this service. A has committed the offence defined in this section. 162. Taking gratification, in order, by corrupt or illegal means to influence public servant. Whoever accepts or obtains, or agrees to accept, or attempts to obtain, from any person, for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person 6[with the 7[Federal] or any Provincial Government lSubs. by the Criminal Law Amdt. Act, 1953 (37 of 1953), s. 2, for ―government, which he serves‖. by the Prevention of Corruption Laws (Amdt.) Act, 1977 (13 of 1977). s. 2 and Sch. 3Subs. by A. O.,1961 Art. 2 and Sch., for ―Resident‖ (w.e.f. 23rd March, 1956). 4Subs. ibid., for ―subsidiary‖ (w.e.f. 23rd March, 1956). 5Subs. ibid., for ―British Government‖ (w.e.f. 23rd March, 1956). 6Subs. by A. O., 1937, for ―with the Legislative or Executive G. of I., or with the Govt. of any Presidency, or with any Lieutenant­Governor‖. 7 Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table for ―Central‖. 2Added Page 63 of 178

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