Bailabel Type : non-bailable
Description
Introduction
Section 161 IPC was originally related to public servants taking bribes, but it has since been repealed and replaced by specific provisions under the Prevention of Corruption Act, 1988. The repeal was done to create a more comprehensive legal framework for corruption-related offenses.
What Did Section 161 IPC Originally Cover?
Before its repeal, Section 161 IPC dealt with the offense of public servants accepting bribes. It stated that:
- If a public servant accepted, obtained, or agreed to accept any gratification (money, gifts, or favors) other than legal remuneration as a motive or reward for doing or not doing an official act, they were guilty of bribery.
- The section also applied to public servants showing favoritism or negligence in official duties in exchange for illegal benefits.
Why Was Section 161 IPC Repealed?
- Bribery and corruption among public servants required a more detailed and effective law.
- The Prevention of Corruption Act, 1988, introduced stricter penalties and clear definitions for offenses related to bribery.
- Section 161 IPC was removed to avoid overlapping provisions and to shift corruption-related offenses under a dedicated law.
Which Law Replaced Section 161 IPC?
After the repeal, bribery by public servants is now covered under the Prevention of Corruption Act, 1988, specifically under Sections 7, 8, 9, and 10 of the Act.
- Section 7 – Public servant taking undue advantage (bribe).
- Section 8 – Taking bribes to influence a public servant.
- Section 9 – Bribery involving commercial organizations.
- Section 10 – Punishment for abetment of corruption.
Punishment
Punishment Under the Prevention of Corruption Act, 1988
- A public servant convicted of bribery faces imprisonment of 3 to 7 years and a fine.
- The punishment is more severe than what was provided under the repealed Section 161 IPC.
