Bribery


traffic police is taking bribe.
 
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Retired employee.

As a responsible citizen, follow the laid down traffic rules, and if there are violations pay fine, insist on a receipt.  If the matter is concerned with other citizens, use electronic devices to record the corruption and report to ACB.  Not a litigation problem and a common man need not pay any bribe unless there is a traffic violation.

 

 
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Hello,

Public servants in India can be penalized for corruption under the Indian Penal Code, 1860 and the Prevention of Corruption Act, 1988. The IPC defines “public servant” as a government employee, officers in the military, navy or air force; police, judges, officers of Court of Justice, and any local authority established by a central or state Act. Here, public servants also include traffic police.

According to Section 169 of the Indian Penal Code, a public servant unlawfully buying or bidding for property shall be punished with imprisonment of upto two years or with fine or both. If the property is purchased, it shall be confiscated. Further, s.409 of IPC, pertains to criminal breach of trust by a public servant. The public servant shall be punished with life imprisonment or with imprisonment of upto 10 years and a fine.

Under the Prevention of Corruption Act, 1988, if a public servant takes gratification other than his legal remuneration in respect of an official act or to influence public servants is liable to minimum punishment of six months and maximum punishment of five years and fine. The Act also penalizes a public servant for taking gratification to influence the public by illegal means and for exercising his personal influence with a public servant. If a public servant accepts a valuable thing without paying for it or paying inadequately from a person with whom he is involved in a business transaction in his official capacity, he shall be penalized with minimum punishment of six months and maximum punishment of five years and fine.

Therefore, to clarify your point, a traffic police is a public servant and hence can be held liable of punishment under both, the Indian Penal Code and Prevention of Corruption Act. Although, prosecution against any public servant can be initiated by an investigating agency only after it has the prior sanction of the central or state government. Hence, it is not an easy process to initiate a process against a public servant as permission by state or central government is required. 

Hope this clarifies your queries

Regards

Palak Singh


Total likes : 1 times

 
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Lawyer

Do you have any evidence to prove your allegation ? If so, report the matter to higher officials of such person with full particulars.

Otherwise, no point.

 
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practicing advocate

File a complaint before the superintendent of police with cogent evidence

 
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Dy Director

No query asked.                

 
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