Asked for a bribe? Giving one is a crime too.

Myth or fact?

What people often think.

• Myth: Only the officer who takes the bribe commits a crime.
• Fact: Whoever abets it gets the same punishment as the officer, even if the official act never happens (PPC s.165-A).

The law.

Section 161, PPC.

“Whoever, being or expecting to be a public servant, accepts or obtains, agrees to accept, or attempts to obtain from any person ... any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act ...”

Pakistan Penal Code, 1860 · Section 161, Public servant taking gratification other than legal remuneration in respect to an official act

Even agreeing.

The words of section 161.

• Four actsAccepts, obtains, agrees to accept, or attempts to obtain.
• Any gratificationNot only cash. Anything, even if not worth money.
• The termUp to 3 years, or fine, or both.

The giver.

Section 165-A, PPC.

• The ruleWhoever abets an offence under s.161 or s.165.
• The punishmentThe same as for the offence itself.
• Even ifThe bribe never leads to the official act.

The bigger law.

Prevention of Corruption Act, 1947, s.5.

• Criminal misconductA public servant taking gratification of the s.161 kind, and more.
• The termNot less than 7 years, up to 10 (s.5(2)).
• InvestigationBy an Inspector or above, or on a first class Magistrate's order (s.5-A).

Quick quiz. The fake fixer.

Guess first, then swipe for the answer.

• A. Yes, it is bribery
• B. No, it may be cheating
• C. Only if he gets the job

Answer: B. The Explanation.

Section 161, PPC.

• The ruleSomeone not expecting office who deceives you this way may be guilty of cheating.
• ButNot of the offence in section 161.

Proof matters.

1986 PCrLJ 2324, Lahore High Court.

• The factsMarked notes were recovered, but no one heard the talk before the handover.
• The holdingA decoy's word needs independent corroboration.
• The resultThe conviction was set aside.

Asked to pay?

Three steps, in this order.

• Don't payPaying makes you an abettor under s.165-A.
• Note itWho asked, when, where, and any witness.
• ReportTo the anti-corruption authority, through an advocate if needed.

File stuck?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• An officer is asking for money to process my file. What does the law say and where do I complain?
• Is giving a bribe a crime under section 165-A PPC?

Example questions

Sources

• Pakistan Penal Code, 1860 · Section 161
  Public servant taking gratification other than legal remuneration in respect to an official act Pakistan Code