IPC Section 165 - Public Servant Obtaining Valuable Thing Without Consideration from Person Concerned in Proceeding or Business Transacted by Such Public Servant
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 other public servant, 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, 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 other public servant, 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 was a public servant.
- They accepted or attempted to obtain a valuable thing.
- The thing was accepted without consideration or for inadequate consideration.
- The giver was connected with official functions.
Potential Defenses:
- The accused was not a public servant.
- Adequate consideration was provided.
- The giver had no connection with official functions.
- The accused had no knowledge of the connection.
Practical Examples
What Constitutes the Offense:
A judge accepting expensive gifts from lawyers appearing before them, or a government official taking property from contractors.
What Doesn't Constitute:
A public servant accepting gifts from family members, or receiving legitimate payments for services rendered.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court emphasized that this section applies when a public servant accepts valuable things from persons connected with their official functions, even without explicit quid pro quo.
Punishment
Imprisonment for up to 3 years, or Fine, or both
Related Information
Connected Sections:
This section deals with conflict of interest and improper benefits. It is often charged alongside other corruption offenses.
Procedural Aspects:
Prosecution requires sanction from the competent authority. The case is triable by a Special Judge under the Prevention of Corruption Act.