IPC Section 162 - Taking Gratification in Order, by Corrupt or Illegal Means, to Influence Public Servant

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 corrupt or illegal means, any public servant to do or to forbear to do any official act, or to show or forbear to show, in the exercise of his official functions, favour or disfavour to any person, or to render or attempt to render any service or disservice to any person, with the Central or any State Government or Parliament or the Legislature of any State, or with any local authority, corporation or Government company referred to in section 21, or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

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Non-bailable, Cognizable

Official Text

“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 corrupt or illegal means, any public servant to do or to forbear to do any official act, or to show or forbear to show, in the exercise of his official functions, favour or disfavour to any person, or to render or attempt to render any service or disservice to any person, with the Central or any State Government or Parliament or the Legislature of any State, or with any local authority, corporation or Government company referred to in section 21, or with any public servant, as such, 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:

  • The accused accepted or attempted to obtain gratification.
  • The gratification was for inducing a public servant.
  • The inducement was by corrupt or illegal means.
  • The purpose was to influence an official act.

Potential Defenses:

  • No gratification was accepted or obtained.
  • The means used were not corrupt or illegal.
  • No public servant was induced.
  • The accused had no knowledge of the purpose.

Practical Examples

What Constitutes the Offense:

A person paying money to a public servant to influence their decision, or using personal connections to get a government contract.

What Doesn't Constitute:

Lobbying through legal means, or making legitimate representations to public servants.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized that this section applies to both the giver and receiver of gratification, and the prosecution must prove the corrupt or illegal means used.

Punishment

Imprisonment for up to 3 years, or Fine, or both

Related Information

Connected Sections:

This section complements Section 161 and deals with the giver's side of corruption. It is often charged alongside Section 161.

Procedural Aspects:

Prosecution requires sanction from the competent authority. The case is triable by a Special Judge under the Prevention of Corruption Act.

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