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
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