Answer
Arts: (a)
Acceptance of Illegal Gratification by a Public Servant:
According to Section 161, of PP. C. acceptance of illegal gratification by public servant whoever being or rating to be a public servant accepts or obtains or agrees to except or attempts to obtain from any person for himself or for ay other person any gratification whatever other than legal icmuneration as a motive of 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 favours or disfavour to any person or for rendering of attempting to under render any or service to any person with the Federal or Provincial Government or Legislature or with any public servant as such sale be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.
Explanation:
If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office and that he will then serve them he may be guilty of cheating hut he is not guilty of the offence defined in this section.
Illustrations: A. a public servant induces Z erroneously to believe that A’s influence with the Government has obtained a title for Z and thus induce Z to give money as A reward, for this service. A has committed the offence of illegal gratification.
A, a music obtains form Z a banker a situation in Z’s bank for A’s brother as a reward to A for deciding a case in favour of Z, A has committed the offence defined in the Section.
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Ingredients:
The ingredient of the offence are:
(1) that the accused when the offence was committed was. or expected to be a public servant;
(2) that he accepted, obtained, agreed to accept. or attempted to obtain from some person a gratification whether for himself or any other person;
(3) that such gratification was not a legal gratification due to him
(4) that the gratification was accepted by him a move or reward—
(a) for doing, or forbearing to do an official act, or for showing, or forbearing to show. favour or disfavour in the exercise of his official function. or
(c) for rendering or attempting to render any service or disservice to some one with the Federal or Provincial Government or the Legislature. or with any public servant.
To Constitute an offence under Section 161 of the Code it is not necessary that the public servant who receives the bribe must in fact he in a position to do the act, favour or service at him lime. Payment of money to an officer as donation to a public institution in which the officer is interested would amount to illegal gasification within the terms of Section 161 of the Code only if the payment was made either as a motive for the officer showing a fanons the accused or as a reward for having already shown the laver Again fur a public servant to be quality under Section 1€’ I of the Code it is not necessary that he should accept gratification for himself. it does not matter if he accepts gratification for any other person.
OTHER SECTIONS
Offence and Punishment
1. Taking a gratification in order by corrupt or illegal means to influence a public servant (S. 162 (3 years, or fine, or both).
2. Taking a gratification for the exercise of personal influence with a public servant (S. 163) 11 year’s simple imprisonment, or fine, or both].
3. Public servant abetting either of the two last mentioned offences (S. 164)
4. Public servant obtaining any valuable thing with consideration, from a person concerned in any proceeding or business transacted by such public servant
(S. 165).
5, Public servant knowingly disobeying law with intent cause injury to any person (S. 166).
6. Public servant framing or translating a document in a way which he knows or believes to be incorrect. intending to cause injury to any person (5. 167)
7. Public servant unlawfully engaging in trade (S. 168).
8. Public servant unlawfully buying or bidding for property (S.169)
9. Personating a public servant, and doing or attempting to an act in such assumed character under colour of office
(S. 170)
10. Wearing a garb or carrying a token unused by a public servant with fraudulent intent (S. 171).
Ans: (b)
Distinction between:
The following distinction between Government Servant and a Public Servant:
1. All public servants are not Government servants,
2. A public servant may not he in the payroll of Government whereas a Government Servant is in the pay of Government.
For example. a jury—man or an assessor is a public servant but not a Government servant in as much as he is not paid by the Government.
3. The public servant is the genus and includes a Government servant.
The real test to determine whether or riot a person is a public servant is to see if he falls under his case is Governed by any of the Clauses under Section 21 of PPC, which defines a public servant. The main distinction as stated above is that while a necessarily be paid by Government.
Ans: (c)
1. Personating a Public Servant:
According to the provisions of Section 170 of the Code whoever pretends to hold any particular office as a public servant knowing that he does not hold such office or falsely personates any other person holding ach office and in such assumed character does or attempts to do any act under colour of such office shall be punished with imprisonment to either description for a term which may extend to two years or with fine or with both.
2. Wearing garb or carrying token used by public servant with fraudulent intent:
S. 171 of the Code enjoins that whoever not belonging to a certain class of public servants wears any garb or carries any token resembling any garb or token used by that class of servants with the intention that it may he believed or with the knowledge that t is likely to be believed that he belongs to that class of public servants shall be punished with imprisonment of either description for a term which may extend to three months or -which may extend to two hundred rupees or with both.