Punishment for bribe giver
kalpesh
(Querist) 08 September 2018
This query is : Resolved
If any person helps a biased police investigation by giving money or bribe for his personal matter and if it is proved in court that money was given for one way investigation only then what are the punishment or legal remedy available against that person who was the director of total biased investigation ?
Isaac Gabriel
(Expert) 08 September 2018
What is the actual issue? Experts cannot respond to assumptions and presumptions.
Guest
(Expert) 08 September 2018
Mr. Kalpesh,
Kalpna ka sahara matt lo, discuss the real issue or problem, if you want correct guidance or advice.
kalpesh
(Querist) 08 September 2018
as I think query is quite legal and answer is also possible by suggesting some legal sections which I don't know then why all want to know real truth ?
Guest
(Expert) 08 September 2018
Of course sections are there. But you should have made a mention of specific purpose of knowing legal sections for your academic query?
If you have any specific personal problem, legal solutions depend upon the nature of problem. If not facing any personal problem, there is no use of asking any such query without making mention of the aim and object of your asking. For academic knowledge for the purpose of answer to academic questions, your course material should serve your purpose.
Ethically, the experts are not likely to become tools for making complaint against Government servants, as a matter of taking personal revenge by any individual. Moreover, a person intending to make any complaint does not take care of or goes in search of sections of law or to know nature of punishment for the purpose of making complaint. He just lodges a complaint. To award punishment is the prerogative of the competent authority in Government or the Court of Law.
K Rajasekharan
(Expert) 08 September 2018
Both bribe giving and bribe taking are offences under the Prevention of Corruption Act (PCA), 1988. The law declares bribe taking by the public functionaries and bribe paying by anyone as offences punishable in equal terms. The offences and penalties come under Chapter III of the PCA.
A public servant accepting any gratification, other than legal remuneration, as a reward for doing or not doing any official act or functions is an offence under the PCA. A person who offers or provides any bribe is an abettor or accomplice in the offence.
Bribe taking need not be pecuniary in nature. It may include craving for an honorary distinction or for sexual intercourse from any person concerned in any business with the government - such as issue of a certificate or any other thing.
Any person abets (instigates to do, engages in or aids in) in any manner in the offence of bribe taking by a public servant in receiving any illegal gratification or obtaining any valuable thing comes within ambit of the offence of abetting ,as per the Section 12 of the PCA.
You can find some more details also on the topic in an article by me at http://www.lawyersclubindia.com/articles/Law-relating-to-Bribe-Giving-Bribe-Taking-8605.asp
Dr J C Vashista
(Expert) 09 September 2018
Very well advised by the experts, I agree.
Sudhir Kumar, Advocate
(Expert) 09 September 2018
unless the facts of the case are know it is not cler if the advise given abov ewill fit into the case.
Anyone having slightest sympathy with you shall not advise you at all without giving facts.
even if you go to a lawyer's chamber and pay him heavily still do not expect to get any advise without telling facts.
