2008 Ed.
Penal Code
82
CAP. 224
legal remuneration, as a motive or reward for doing or forbearing to do
any official act, or for showing or forbearing 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 with any Member of Parliament or
the Cabinet, or with any public servant, as such, shall be punished
with imprisonment for a term which may extend to 3 years, or with
fine, or with both.
“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 law 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 judge, 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, a public servant, induces Z erroneously to believe that A’s
influence with another public servant has obtained for Z a contract to
do work, and thus induces Z to give A money. 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 grant of land for Z,
and thus induces Z to give A money, as a reward for his service. A
has committed the offence defined in this section.
[51/2007]
Taking a gratification in order, by corrupt or illegal means, to
influence a 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
Informal Consolidation – version in force from 1/4/2015
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