112
Laws of Malaysia
Act 574
Taking a gratification, for the exercise of personal influence
with a 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 with any
member of the Cabinet or of Parliament or of a State Executive
Council or Legislative Assembly, or with any public servant, as
such, shall be punished with imprisonment for a term which may
extend to one year or with fine or with both.
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 for 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 the offences
above defined
164. Whoever, being a public servant, in respect of whom either
of the offences defined in sections 162 and 163 is committed,
abets the offence, shall be punished with imprisonment 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.
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