Offences and Penalties | Vigilance & Anti Corruption | Government Of Assam, India
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Offences and Penalties

  • Public servant taking gratification other than legal remuneration

    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 Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than (three years) but which may extend to (seven years) and shall also be liable to fine.

    Taking gratification, in order, by corrupt or illegal means, to influence public servant

    Whoever accepts or obtains, or agrees to accept, or attempts to obtain, from any person, for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means, any public servant, whether named or otherwise, to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company or with any public servant, whether named or otherwise, shall be punishable with imprisonment for a term which shall be not less than  [three years] but which may extend to [seven years] and shall also be liable to fine.

    Taking gratification, for exercise of personal influence with public servant

    Whoever accepts or obtains or agrees to accept or attempts to obtain, from any person, for himself or for any other person,any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, anypublic servant whether named or otherwise to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company or with any public servant, whether named or otherwise, shall be punishable with imprisonment for a term which shall be not less than [three years] but which may extend to [seven years] and shall also be liable to fine.

    Punishment for abetment by public servant of offences defined in the above sections

    Whoever, being a public servant, in respect of whom either of the offences defined in the above two sections is committed, abets the offence, whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.

    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 to accept or attempts to obtain for himself, or for any other person, any valuable thing without consideration, or for a consideration which he knows to beinadequate, from any person whom he knows to have been, or to be, 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 from any person whom he knows to be interested in or related to the person so concerned, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.

    Punishment for abetment of offences defined in the first section and the above section 

    Whoever abets any offence punishable under the first section and the section above whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not less than [three years] but which may extend to [seven years] and shall also be liable to fine.

    To know more, Click Here: The Prevention of Corruption Act, 1988