08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
Illustration
An advocate who receives a fee for arguing a case before a Judge; a person who
receives pay for arranging and correcting a memorial addressed to Government,
setting forth the services and claims of the memorialist; a paid agent for a
condemned criminal, who lays before the Government statements tending to show
that the condemnation was unjust, are not within this section, inasmuch as they
do not exercise or profess to exercise personal influence.
Punishment for
abetment by public
servant of offences
defined in section
162 or 163
164. Whoever, being a public servant, in respect of whom either of the offences
defined in the last two preceding sections is committed, abets the offence, shall
be punished with imprisonment of either description for a term which may extend
to three years, or with fine, or with both.
Illustration
A is a public servant. B, A's wife, receives a present as a motive for soliciting A
to give an office to a particular person. A abets her doing so. B is punishable
with imprisonment for a term not exceeding one year, or with fine, or with both.
A is punishable with imprisonment for a term which may extend to three years,
or with fine, or with both.
Public servant
165. Whoever, being a public servant, accepts or obtains, or agrees to accept or
attempts to obtain, for himself, or for any other person, any valuable thing
without consideration, or for a consideration which he knows to be inadequate,
obtaining valuable
thing, without
consideration, from
person concerned in
proceeding or
business transacted
by such public
servant
from any person whom he knows to have been, or to be, or to be likely to be
concerned in any proceeding or business transacted or about to be transacted by
such public servant, or having any connection with the official functions of himself
or of any public servant to whom�� he is subordinate,
or from any person whom he knows to be interested in or related to the person
so concerned,
shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
Illustrations
(a) A, a Collector, hires a house of Z, who has a settlement case pending before
him. It is agreed that A shall pay fifty taka a month, the house being such that,
if the bargain were made in good faith, A would be required to pay two hundred
taka a month. A has obtained a valuable thing from Z without adequate
consideration.
(b) A, a Judge, buys of Z, who has a case pending in A's Court, Government
promissory notes at a discount, when they are selling in the market at a
premium. A has obtained a valuable thing from Z without adequate consideration.
(c) Z's brother is apprehended and taken before A, a Magistrate, on a charge of
perjury. A sells to Z shares in a bank at a premium, when they are selling in the
market at a discount. Z pays A for the shares accordingly. The money so
obtained by A is a valuable thing obtained by him without adequate consideration.
Punishment for
abetment of offences
defined in sections
161 and 165
65[ 165A.
Whoever abets any offence punishable under section 161 or section
165 shall, whether the offence abetted is or is not committed in consequence of
the abetment, be punished with the punishment provided for the offence.]
Certain abettors
66
excepted
[ 165B. A person shall be deemed not to abet an offence punishable under
section 161 or section 165 if he is induced, compelled, coerced, or intimidated to
offer or give any such gratification as is referred to in section 161 for any of the
purposes mentioned therein, or any valuable thing without consideration, or for an
inadequate consideration, to any such public servant as is referred to in section
165.]
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