08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
Public servant taking
161. Whoever, being or expecting to be a public servant, accepts or obtains, or
agrees to accept, or attempts to obtain from any person, for himself or for any
other person any gratification whatever, other than legal remuneration, as a
motive or reward for doing or forbearing to do any official act or for showing or
for bearing to show, in the exercise of his official functions, favour or disfavour to
any person, or for rendering or attempting to render any service or disservice to
any person, with the Government or Legislature, or with any public servant, as
such, shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
Explanations“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 other
than legal
remuneration in
respect of an official
ac
“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 is permitted by the 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.
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 Consul at the Court of a foreign Power, accepts a lakh
of taka 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 Government of Bangladesh. 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
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.
Taking gratification,
in order, by corrupt
or illegal means, to
influence public
servant
162. 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 with the
Government or Legislature, or with any public servant, as such, shall be punished
with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
Taking gratification,
for exercise of
personal influence
with public servant
163. 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 the exercise of personal influence, 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 with the
Government or Legislature, or with any public servant, as such, shall be punished
with simple imprisonment for a term which may extend to one year, or with fine,
or with both.
bdlaws.minlaw.gov.bd/print_sections_all.php?id=11
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