Sections 7 and 8 of the Prevention of Corruption Act, 1988: Bribery Offences
Sections 7 and 8 were substituted by the Prevention of Corruption (Amendment) Act, 2018 with effect from 26 July 2018. Section 7 now deals with the offence relating to a public servant being bribed. Section 8 separately criminalises specified conduct of a person who gives or promises an undue advantage to induce or reward improper performance of a public duty.
Section 7 - Offence Relating to Public Servant Being Bribed
Current Section 7 focuses on a public servant obtaining, accepting or attempting to obtain an undue advantage in connection with improper or dishonest performance, non-performance or forbearance of a public duty, including specified conduct in anticipation of or consequence of accepting an undue advantage.
Section 7 - Current statutory provision
Any public servant who,-
(a) obtains or accepts or attempts to obtain from any person, an undue advantage, with the intention to perform or cause performance of public duty improperly or dishonestly or to forbear or cause forbearance to perform such duty either by himself or by another public servant; or
(b) obtains or accepts or attempts to obtain, an undue advantage from any person as a reward for the improper or dishonest performance of a public duty or for forbearing to perform such duty either by himself or another public servant; or
(c) performs or induces another public servant to perform improperly or dishonestly a public duty or to forbear performance of such duty in anticipation of or in consequence of accepting an undue advantage from any person,
shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.
Explanation 1. For the purpose of this section, the obtaining, accepting, or the attempting to obtain an undue advantage shall itself constitute an offence even if the performance of a public duty by public servant, is not or has not been improper.
Explanation 2. The expressions "obtains", "accepts" or "attempts to obtain" cover obtaining, accepting or attempting to obtain an undue advantage for the public servant or another person by abuse of position, personal influence over another public servant, or other corrupt or illegal means. It is immaterial whether the advantage is obtained or accepted directly or through a third party.
Punishment under Section 7
The punishment is imprisonment for not less than three years and up to seven years, together with fine.
Meaning of undue advantage
Section 2(d) defines "undue advantage" as any gratification whatever, other than legal remuneration. Its explanation states that "gratification" is not limited to pecuniary gratification or gratification estimable in money, and "legal remuneration" includes remuneration that the public servant is permitted by the Government or organisation served to accept.
Section 7A - Taking Undue Advantage to Influence a Public Servant
Section 7A, inserted by the 2018 amendment, addresses a person who accepts, obtains or attempts to obtain an undue advantage as a motive or reward to induce a public servant, by corrupt or illegal means or by exercise of personal influence, to perform or cause performance of a public duty improperly or dishonestly, or to forbear or cause forbearance of such duty.
The punishment under Section 7A is imprisonment for not less than three years and up to seven years, together with fine. This provision is particularly relevant because the subject formerly dealt with by old Section 8 was changed and reorganised by the 2018 amendment.
Section 8 - Offence Relating to Bribing of a Public Servant
Current Section 8 addresses the giving side of bribery. It applies where a person gives or promises to give an undue advantage with the specified intention to induce improper performance of a public duty or to reward such improper performance.
Section 8 - Current statutory provision
(1) Any person who gives or promises to give an undue advantage to another person or persons, with intention-
(i) to induce a public servant to perform improperly a public duty; or
(ii) to reward such public servant for the improper performance of public duty,
shall be punishable with imprisonment for a term which may extend to seven years or with fine or with both.
Compulsion proviso: The provision does not apply where a person is compelled to give the undue advantage, provided that the person so compelled reports the matter to the law enforcement authority or investigating agency within seven days from the date of giving the undue advantage.
Commercial organisation proviso: Where the offence under Section 8 is committed by a commercial organisation, the commercial organisation is punishable with fine, subject to the provisions of the Act.
Explanation: It is immaterial whether the person to whom the undue advantage is given or promised is the same person who is to perform, or has performed, the public duty, and it is also immaterial whether the advantage is given or promised directly or through a third party.
(2) Section 8(1) does not apply where, after informing a law enforcement authority or investigating agency, a person gives or promises an undue advantage to assist that authority or agency in its investigation of the alleged offence.
Punishment under Section 8
A person convicted under Section 8(1) may be punished with imprisonment extending to seven years, or fine, or both.
Compelled payment and seven-day reporting requirement
The statutory exception for a person compelled to give an undue advantage is linked to reporting the matter to a law enforcement authority or investigating agency within seven days from the date of payment. This exception should therefore not be read as a general exemption for every payment made under pressure without regard to the statutory reporting condition.
Key Legal Expressions Under the Current Law
Public duty
Section 2(b) defines "public duty" as a duty in the discharge of which the State, the public or the community at large has an interest.
Public servant
Section 2(c) contains an extensive statutory definition of "public servant" covering the categories specified in that provision. Whether a person falls within the definition depends on the statutory category and the facts of the case.
Undue advantage
Section 2(d), inserted by the 2018 amendment, means any gratification whatever other than legal remuneration. The expression is wider than a cash payment and is not restricted to benefits capable of valuation in money.
Legal update: Sections 7 and 8 reproduced and explained in their post-26 July 2018 form. The obsolete pre-2018 text has been removed from the article.