Explanation 2:- A public servant, who receives a gratification as a motive for
doing what he does not intend to do or as a reward for doing what he has not
done, commits an offence under this section.
Illustrations – (a) (“A”), a Magistrate obtains from (“Z”), a merchant, a situation in
(“Z’s”) office for (“A’s”) brother as a reward to (“A”) for deciding a suit
in favour of (“Z”). (“A”) has committed an offence under this section.
(b)
(“A”) a commissioner of land accepts a sum of money
from a large landowner. 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 the landowner. But it does appear that (“A”)
accepted the sum as a motive or reward for showing general favour
in the exercise of his official functions to the landowner. (“A”} has
committed an offence under this section.
(c) (“A”) a public servant induces (“Z”) erroneously to believe that
(“A’s”) influence with the New Sudan Authority has obtained
for (“Z”) a certain post and thus induces (Z”) to give (“A”)
money as a reward for this service. (“A”) has committed an offence
under this section.
Section 129 -“Taking Bribes or Gratification in Order to Influence 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 bribery or gratification
whatever as a motive or reward for inducing by corrupt or illegal means
any public servant:(a) to do or forbear to do any official act;
(b) in exercise of the official functions of such public servant
to show favour or disfavour to any person;
(c) to render or attempt to render any service or disservice to
any person with any department of the New Sudan
Authority or with any public servant as such commits an
offence and shall on conviction, be punished with
imprisonment for a term not exceeding ten years or with
fine or with both.
Section 130 - “Abetment by Public Servant of Offence Mentioned in Section 129”:
Whoever being a public servant, in respect of whom an offence under
section 129 is committed, abets the offence, commits an offence and shall
on conviction be punished with imprisonment for a term not exceeding
five years or with fine or with both.
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