Is giving bribe an offence
Preetam
(Querist) 16 October 2009
This query is : Resolved
Hi,
A perusal of the Prevention of Corruption Act and the IPC reveals to me that 'accepting bribe' is an offence, but 'giving bribe' does not appear to be an offense. In other words, a government official accepting bribe can be prosecuted, but the law does not provide for prosecution of a person giving the bribe. However, most prominent persons (includng the PM and the Lokayukta) seem to be a of a view that even giving a bribe is an offense just as much as accepting a bribe. If giving bribe is really an offence under Indian laws, can you please direct me to the relevant provisions or a particular case law in this regard. Thanks.
joyce
(Expert) 16 October 2009
Acceptance comes only after offer, so acceptance follows offer. offer for bribe and acceptance of it is implied in its sense, law is complex n vast one it covers much more in its definations.Relevant provisions can be read in Prevention of Corruption Act only, refere recent Amended book with detailed comments, you can get the case law qouted in it.
Sachin Bhatia
(Expert) 17 October 2009
Bribe constitutes of offering, giving, receiving, or soliciting of something of value for the purpose of influencing the action of an official in the discharge of his or her public or legal duties.
A bribe can consist of immediate cash or of personal favors, a promise of later payment, or anything else the recipient views as valuable.
tarun goyal
(Expert) 17 October 2009
dear experts,can section 12 of PCA,1988 be of any help in this regard? please suggest. this is only an opinion.
yogesh
(Expert) 17 October 2009
Yes it is an offence under IPC If it is given to Govt servant
S R agrawal
(Expert) 18 October 2009
I fully agree with Joyce and Mr. Bhatia. Thanks.
Adinath@Avinash Patil
(Expert) 18 October 2009
