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Section 161. Public servant taking gratification other than legal remuneration in respect of an

official act. Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept, or attempts to obtain 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 for bearing to do any official act or for showing or for bearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person, , 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.

Explanation.

  1. A, a munsif, obtains from Z, a banker, a situation in Z's bank for A’s brother, as a reward to A for deciding a cause in favour of Z. A has committed the offence defined in this section.
  2. A, holding the office of at the Court of a Power accepts a lakh of rupees from the Minister of that Power. It does not appear, that A accepted this sum as a motive or reward for doing or forbearing to do any particular official act, or for rendering or attempting to render any particular service to that Power with the [Government of Pakistan]. But it does appear that A accepted the sum as a motive or reward for generally showing favour in the exercise of his official functions to that Power. A has committed the offence defined in this section.
  3. A, a public servant, induces Z erroneously to believe that A’s influence with the Government has obtained a title for Z and thus induces Z to give A money as a reward for this service. A has committed the offence defined in this section.
Annotations (4)
  • amendment [1] Ord. No. 86 of 2002, s. 2 and Sch. I, for “one hundred rupees”
  • amendment [2] A. O., 1937, for “with the Legislative or Executive G. of I., or with the Government of any Presidency, or with any Lieutenant­Governor”
  • amendment [3] the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table for “Central”
  • amendment [4] the Criminal Law Amdt. Act, 1953 (37 of 1953), s. 2, for “government, which he serves”
  • Permalink: http://laws.alianwaar.com/ppc/161

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