Penal Code
113
Public servant obtaining any valuable thing, without
consideration, from person concerned in any proceeding or
business transacted by such 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, 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 for a term which may extend to
two years or with fine or with both.
ILLUSTRATIONS
(a) A, a Judge, hires a house of Z, who has a case pending before
him. It is agreed that A shall pay fifty ringgit a month, the house being
such that, if the bargain were made in good faith, A would be required
to pay two hundred ringgit a month. A has obtained a valuable thing
from Z without adequate consideration.
(b) A, a Judge, buys of Z, who has a cause 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.
Public servant disobeying a direction of the law, with intent
to cause injury to any person
166. Whoever, being a public servant, knowingly disobeys any
direction of the law as to the way in which he is to conduct
himself as such public servant, intending to cause, or knowing
it to be likely that he will, by such disobedience, cause injury
to any person, shall be punished with imprisonment for a term
which may extend to one year or with fine or with both.
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