Section 131 - “Offering or Giving Bribery or Gratification to Public Servant”:
Whoever offers or gives or agrees to give any bribery or gratification
whatever whether pecuniary or otherwise in the circumstances and for any
of the purposes mentioned in section 128 or 129, 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 131(A) – “Receiving or Giving Bribery or Gratification by Agent or
Employee to show Favour or Disfavour”: Whoever being an employee
or agent of another accepts or agrees to accept from any person for himself
or for any other person any bribery or gratification whatever as a motive
or reward for doing or forbearing to do any act in connection with the
affairs of his employee or principal or who shows favour or disfavour to
any person having any concern in the affairs or business of his employer
or principal, and whoever gives or agrees to give to the employee or the
agent any reward or remuneration as a motive for doing, or forbearing to
do any of the aforesaid commits an offence and shall on conviction, be
punished with imprisonment for a term not exceeding seven years or with
fine or with both.
Section 132 - “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 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:(a) from any person, whom he knows to have been 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 public servant to whom he is subordinate, or
(b) from any person, whom he knows to be interested in or related to the person
so concerned, commits an offence and shall on conviction, be punished with
imprisonment for a term not exceeding three years or with fine or with both.
Illustrations:- (a) (“A”) a Land Registrar hires a house of (“Z”), who has a
boundary case pending before him. It is agreed that (“A”) shall pay LS20
a month the house being such that, if the bargain were made in good faith,
(“A”) would be required to pay LS50 a month. (“A”) has obtained a
valuable thing from (“Z”) without adequate consideration.
(b) (“Z’s”) brother is arrested and taken before (“A”) a Magistrate on a charge of
perjury. (“A”) sells to (“Z”) shares in a company at a premium, when they
are selling in the market at discount. (“Z”) pays (“A”) for the shares
accordingly. The money so obtained by (“A”) is a valuable thing obtained by
him without adequate consideration.
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