Civil Procedure Code (CPC)

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aatma   18 October 2008

Bribery in India

What is the IPC section for  Bribery  in India?  Is it congnizbable, non-bailable, non-compoundable criminal offence?



 9 Replies

prabodh kumar patel (advocate)     18 October 2008

Section 161 to 165 was the provision in IPC, but it was ommitted by strength of Section 31 of Prevention of Corruption Act 1988  & Section 6 of General Clauses Act 1897,


Now the offence of bribery comes under the purvies of Prevention of Corruption Act (Section 7 to 16, Offences & penalties.)

prabodh kumar patel (advocate)     18 October 2008

The punishment is minimus 6 months & upto 5 years imprisonment & fine.

K.C.Suresh (Advocate)     19 October 2008

Sec. 161 to 165A (both inclusive) was omitted  and Sections 7 to 15 was included in the new PC ACT of 1988. As it stands now for bribery the Act relevant is Prevention of Corruption Act, 1988. It has only 31 sections


For offences committed prior to 1988 i.e., 9th September 1988 (New Act came into force) the Prevention of  Corruption Act, 1947 is applicable. In that case Sections 161 to 165A of IPC is applicable.

N.K.Assumi (Advocate)     20 October 2008

Yes I agree with K.C.Suresh and Prabodh. thank you for raising the question.

aatma   24 October 2008

Thank you for the replies.


Now, is it possible to live in india without involving (forced to give) in any bribery in entire life?   Honestly howmany ordinary indian citizens not (faced) facing this atleast once in their day to day  life to get their basic needs from their own independent country?


Cradle to Graveyard


Getting birth certificate from Municipal Office


Community/income certificate from Taluk Office


Getting job, especially government jobs (exams, interview, selection)


Buying property and registration in registrars office


Getting electrical line from Electricity department,or complaining any line problem.


Water connection from water board


Getting driving license


Traffic police


Getting new ration card


Getting passport, especially police enquiry for new passport


In government hospital for treatment


If trapped in false case then police and judiciary


.................................


......................................


Finally death certificate and legal heir certificate.

prabodh kumar patel (advocate)     24 October 2008

To the vigilance authority to trap a corrupted person................... ?!@#%^&*

K.C.Suresh (Advocate)     25 October 2008

Aatma is right. Bribary is part of our society. That is why the Hon'ble Supreme Court of India observed it as cancerous and HIV virus in the society. The law makers are the law breakers in the case opf this white collar crime. IPC 161 to 165A was omitted by PC Act, 1988.




 


In simple corruption means 'the misuse of office for personal gain'




 


How to prevent Bribery and corruption is the question of Aatma. it is a very large fish which cannot be consumed at a moment. You know Mr. Aastma in all circumstances Big fishes are escaping and small one fixed by the law and authorities Exceptions are rare.




 


Ofcourse as you said there is nobody perhaps in this country can say he has not been bribed or bribed others. From birth to death it is rambant. Primary education, whistle blowing, transperency, honesty, NGO groups, simplifying the official procedures, cut down the number of tables etc are some steps which can be tried. See in foerien countries commission is acceptable. Premium is a word for the commission in some places.




 


There are three types of corruption:




 


1. Corruption to do an unlawful act




 


2. Corruption to do a lawful act




 


3. Corruption to do a lawful act speedly




 


The new generation is not aware of the social consequences of corruption to their socity. They must be made aware. Perhaps the only thing the politicians didnot care to make aware the new generation.




 


Most criminals leave a trail. But corruption is a crime that thrives in the dark. The law has to be made on the basis of this fact.




 


The people/society must consider the corrupt as a criminal.Only when it succeeds the fight starts. Otherwise saying fighting is the only fight we are going to do.


The offence is non-bailable, Non- Compoundable and Cognizable.

bhagyashree   10 July 2015

Is bribery congnizbable, non-bailable, non-compoundable criminal offence?

Carlisle Collins (Samaritan)     10 August 2015

Is Corruption beneficial? OF COURSE IT IS; it’s gotta be!! Otherwise, we wouldn’t be practicing it with such spiritual zest and gusto! Corruption is our parallel economy. We can’t live without it! Any talk of eradicating it would be tantamount to treason!!

 

https://havepenwillwrite.wordpress.com/2012/12/08/indias-parallel-economy/

 

https://havepenwillwrite.wordpress.com/2012/12/16/corruption-faqs-what-is-corruption-promiscuity-or-economic-necessity-does-it-really-hurt-would-ky-jelly-help/

 


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