IPC Section 164 - Punishment for Abetment by Public Servant of Offences Defined in Section 162 or 163

Whoever, being a public servant, in respect of whom an offence under section 162 or section 163 is committed, abets the offence, whether or not that offence is committed in consequence of the abetment, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

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Non-bailable, Cognizable

Official Text

“Whoever, being a public servant, in respect of whom an offence under section 162 or section 163 is committed, abets the offence, whether or not that offence is committed in consequence of the abetment, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

Legal Analysis

Elements to Prove:

  • The accused was a public servant.
  • An offense under Section 162 or 163 was committed.
  • The accused abetted the offense.
  • The abetment was intentional and active.

Potential Defenses:

  • The accused was not a public servant.
  • No offense under Section 162 or 163 was committed.
  • The accused did not abet the offense.
  • The accused was acting under duress.

Practical Examples

What Constitutes the Offense:

A public servant encouraging others to offer bribes, or knowingly facilitating corruption in their department.

What Doesn't Constitute:

A public servant being unaware of corruption happening around them, or being forced to participate under duress.

Important Case Laws

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

The Supreme Court clarified that this section applies when a public servant actively participates in or encourages corruption, even if the main offense is not completed.

Punishment

Imprisonment for up to 2 years, or Fine, or both

Related Information

Connected Sections:

This section punishes public servants who actively participate in corruption. It is often charged alongside Sections 162 and 163.

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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