Bribe

Kshitij Shah (Querist) 27 December 2013 This query is : Resolved
If a person demands for Bribe and another pays it then whether payer is at fault ? What penal action payer can face ?

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ajay sethi (Expert) 27 December 2013
ACADEMIC QUERY

Guest (Expert) 27 December 2013
II academic query of the day

V R SHROFF (Expert) 27 December 2013
Academic Query..

h/o Querist searching in dark, no objective or own probl

R.K Nanda (Expert) 27 December 2013
state real facts.

Kshitij Shah (Querist) 27 December 2013
One of my friend is doing job out of Gujarat. In a month once a while he gets time to come to his place at Baroda where his parents were living. Now after the death of his father he applied for nomination confirmation letter from his society. Office bearers demanded some rupees. They did not hand over the letter till 1 year. Then to save time instead of fighting against them he chose to pay them. Now he is back to Baroda. Wants to complaint against them in police but is afraid of whether the payer will be at fault in such case ?

SHIRISH PAWAR, 7738990900 (Expert) 27 December 2013
academic query

Kshitij Shah (Querist) 27 December 2013
What other information experts need instead of closing this query just by saying it as an academic query.

Devajyoti Barman (Expert) 27 December 2013
Lodge complaint with Police anyway. Giving bribe is an an offence but the person is exempted from punishment if he makes the complaint.

R.K Nanda (Expert) 27 December 2013
the payer will not be punished.

Kshitij Shah (Querist) 27 December 2013
Thanks everyone for the reply.

Again a last question.

Generally ( and mainly in the above case that I mentioned ) how to prove that bribe taken ? Because nobody gives receipt of the same. In above case he has only the evidence of abnormal delay in delivery of document nothing else.

Devajyoti Barman (Expert) 27 December 2013
Lodge complaint nevertheless. Making payment of bribe is an offence but the the same person makes the compliant then he would be exempted from punishment.

Sudhir Kumar, Advocate (Expert) 27 December 2013
please come with all facts

Rajendra K Goyal (Expert) 29 December 2013
The bribe has to be proved for punishing the culprit. He should have tried to trap the person red handed at the time of giving bribe. Now in absence of acceptable proof the case is week.

prabhakar singh (Expert) 29 December 2013
YOUR FRIEND IS RIGHTLY AFRAID.PAYING AND RECEIVING BRIBE BOTH WOULD CONSTITUTE OFFENCE.

BUT I AM WORRIED HOW PAYMENT TO OFFICE BEARER OF ANY CHS WOULD AMOUNT TO BRIBE?

EXPERTS MAY KINDLY ENLIGHTEN ME.

Sudhir Kumar, Advocate (Expert) 30 December 2013
Office bearer of CHS is not a public servant hence it is not a bribe and it is extortion. In case of extortion the giver is not offender.