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

> A public servant who accepts, agrees to accept or tries to get a gratification for an official act commits an offence under section 161 PPC: up to 3 years, or fine, or both. And whoever abets it, including the giver, gets the same punishment (s.165-A).

- Topic: Criminal law
- For: Citizens
- A 12-slide carousel: https://failegal.site/media/asked-for-a-bribe-giving-one-is-a-crime
- Published by FAI Legal on 2026-10-23

## 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)

## Even agreeing.

The words of section 161.

- **Four acts** Accepts, obtains, agrees to accept, or attempts to obtain.
- **Any gratification** Not only cash. Anything, even if not worth money.
- **The term** Up to 3 years, or fine, or both.

## The giver.

Section 165-A, PPC.

- **The rule** Whoever abets an offence under s.161 or s.165.
- **The punishment** The same as for the offence itself.
- **Even if** The bribe never leads to the official act.

## The bigger law.

Prevention of Corruption Act, 1947, s.5.

- **Criminal misconduct** A public servant taking gratification of the s.161 kind, and more.
- **The term** Not less than 7 years, up to 10 (s.5(2)).
- **Investigation** By 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 rule** Someone not expecting office who deceives you this way may be guilty of cheating.
- **But** Not of the offence in section 161.

## Proof matters.

1986 PCrLJ 2324, Lahore High Court.

- **The facts** Marked notes were recovered, but no one heard the talk before the handover.
- **The holding** A decoy's word needs independent corroboration.
- **The result** The conviction was set aside.

## Asked to pay?

Three steps, in this order.

- **Don't pay** Paying makes you an abettor under s.165-A.
- **Note it** Who asked, when, where, and any witness.
- **Report** To 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?**

## Sources

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

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Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review.

FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.
