The Pakistan Penal Code, 1860

[1](XLV OF 1860)

[6th October, 1860]

CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161.   Public servant taking gratification other than legal remuneration in respect of an official act. Whoever being or expecting to be a public servant, accepts or obtains, or agrees to accept, or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person, with the Federal or any Provincial Government or Legislature or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation. “Expecting to be a public servant”. 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, but he is not guilty of the offence defined in this section.

“Gratification”. The word “gratification” is not restricted to pecuniary gratifications, or to gratifications estimable in money.

“Legal remuneration”. The words “legal remuneration” are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the authority by which is employed, to accept.

“A motive or award for doing”. A person 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 done, comes within these words.

[2][Public Servant. In this section and in Sections 162, 163, 164, 165, 166, 167, 168, 169 and 409, “public servant” includes an employee of any corporation or other body or organisation set up, controlled or administered by, or under the authority of, the Federal Government.]

Illustrations

(a)        A, a munsif, obtains from 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 this section.

(b)        A, holding the offence of Counsel at the Court of a Foreign Power accepts a lakh of rupees from the Minister of that Power. 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 that Power with the Government of Pakistan. But it does appear that A accepted the sum as motive or reward for generally showing favour in the exercise of his official functions to that Power. A has committed the offence defined in this section.

(c)        A, a public servant, induces Z erroneously to believe that A’s influence with the Government has obtained a title for Z and thus induces Z to give A money as a reward for this service. A has committed the offence defined in this section.

 


[1].       The Pakistan Penal Code has been declared in force in--

          It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modifications; see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and also extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area. w.e.f. 1st June, 1951, see N.W.F.P Gazette, Ext., dated 1-6-1951.

          It has been amended in its application to the N.W.F.P., see N.W.F.P Acts 3 of 1941 and 26 of 1950.

          It has also been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, P. 1499.

          It has also been extended by notification under Article 7(1)(a) of the N.W.F.P. (Enlargement of the Area and Alteration of Boundary) Order, 1952 (G. G. O. 1 of 1952), to the added area described in the First Schedule to that Order, w.e.f. 7th February, 1952, see N.W.F.P. Government Gazette, 1952, Pt. I, P. 70.

          It has also been amended in its application to the Province of West Pakistan by the Pakistan Penal Code (West Pakistan (Amdt.) ) Act, 1963 (W.P. Act 6 of 1963), S. 2 (w.e.f. the 18th April, 1963).

          It has also been amended in its application to the Province of West Pakistan by the Pakistan Penal Code (West Pakistan (Amdt.) ) Act, 1964 (W.P. Act 32 of 1964), S. 2 (w.e.f. 27-4-1964).

[2].       Added by Act XIII of 1977.