BNS Section 200 - Public Servant Taking Gratification
Whoever, being a public servant, takes or accepts or obtains or agrees to take or accept 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 forbearing to show, in the exercise of his official functions, favor or disfavor to any person, or for rendering or attempting to render any service or disservice to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Official Text
“Whoever, being a public servant, takes or accepts or obtains or agrees to take or accept 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 forbearing to show, in the exercise of his official functions, favor or disfavor to any person, or for rendering or attempting to render any service or disservice to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”
Legal Analysis
Elements to Prove:
- Being a public servant.
- Taking or accepting gratification.
- Other than legal remuneration.
- As motive or reward for official acts.
Potential Defenses:
- Not a public servant.
- Legal remuneration.
- No official act involved.
Practical Examples
What Constitutes the Offense:
Taking bribes for official favors, accepting gifts for preferential treatment, demanding money for services.
What Doesn't Constitute:
Accepting legal remuneration, receiving authorized gifts, or acting in good faith.
Punishment
Imprisonment up to 3 years, or Fine, or both