CHAPTER IX of CrPC : CHAPTER IX: OFFENCES BY OR RELATING TO PUBLIC SERVANTS

CrPC

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Explanation using Example

Example 1:

Scenario: Bribery for Favorable Decision

Ramesh, a businessman, is trying to get a government contract approved. He meets with Suresh, a public servant, and offers him ₹50,000 to expedite the approval process. Suresh accepts the money.

Applicable Section: Section 161 - Being or expecting to be a public servant, and taking a gratification other than legal remuneration in respect of an official act.

Punishment: Suresh can be imprisoned for up to 3 years, fined, or both. The offense is cognizable and non-bailable, and the case will be tried by a Magistrate of the first class.

Example 2:

Scenario: Influencing a Public Servant

Priya, a real estate developer, offers ₹1 lakh to Raj, a public servant, to influence his colleague to approve her building plan, which does not meet the required safety standards. Raj accepts the money with the promise to influence his colleague.

Applicable Section: Section 162 - Taking a gratification in order, by corrupt or illegal means, to influence a public servant.

Punishment: Raj can be imprisoned for up to 3 years, fined, or both. The offense is cognizable and non-bailable, and the case will be tried by a Magistrate of the first class.

Example 3:

Scenario: Using Personal Influence

Anil, a public servant, uses his personal influence to get his friend a government job. In return, his friend gifts him an expensive watch.

Applicable Section: Section 163 - Taking a gratification for the exercise of personal influence with a public servant.

Punishment: Anil can be subjected to simple imprisonment for up to 1 year, fined, or both. The offense is cognizable and non-bailable, and the case will be tried by a Magistrate of the first class.

Example 4:

Scenario: Abetment by Public Servant

Vikram, a public servant, encourages his colleague to accept a bribe from a contractor for approving a substandard construction project. His colleague follows through and accepts the bribe.

Applicable Section: Section 164 - Abetment by public servant of the offences defined in the last two preceding clauses with reference to himself.

Punishment: Vikram can be imprisoned for up to 3 years, fined, or both. The offense is cognizable and non-bailable, and the case will be tried by a Magistrate of the first class.

Example 5:

Scenario: Accepting Valuable Gifts

Sunita, a public servant, receives a gold necklace from a company sh...

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