IPC Section 163 - Taking Gratification for Exercise of Personal Influence with 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 the exercise of personal influence with any public servant, 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 one year, or with fine, or with both.

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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 the exercise of personal influence with any public servant, 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 one year, 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 through personal influence.
  • The purpose was to influence an official act.

Potential Defenses:

  • No gratification was accepted or obtained.
  • No personal influence was exercised.
  • No public servant was induced.
  • The accused had no knowledge of the purpose.

Practical Examples

What Constitutes the Offense:

A person using family connections with a government official to get a job, or using personal friendship to influence a tender decision.

What Doesn't Constitute:

Making legitimate representations, or using proper channels to address grievances.

Important Case Laws

State of Punjab v. Madan Mohan Lal Verma (2013)

The court held that this section applies when personal influence is used to induce a public servant, and the prosecution must prove the exercise of such influence.

Punishment

Imprisonment for up to 1 year, or Fine, or both

Related Information

Connected Sections:

This section deals with corruption through personal influence rather than direct bribery. It is often charged alongside other corruption offenses.

Procedural Aspects:

Prosecution requires sanction from the competent authority. The case is triable by a Magistrate of the first class.

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