What is Section 161 IPC? Public servant taking gratification other than legal remuneration in respect of an official act
Published on: Lawiz Team
Detailed explanation of Section 161 IPC: Public servant taking gratification other than legal remuneration in respect of an official act.
Official Legal Text
Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept or attempts to obtain, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 161 punishes any public servant who takes any gratification other than their legal salary in connection with an official act.
Purpose
To prevent corruption among public servants.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: This section has been repealed and replaced by the Prevention of Corruption Act.
Key Elements
The person must be a public servant, and the gratification must be for an official act.
Punishment Details
Imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Legal Defenses
If the person can prove the payment was part of their legal remuneration.
Judicial Interpretation
Courts require proof of the gratification and its connection to the official act.
Illustration
If a government officer accepts money for issuing a license faster, they can be punished under Section 161.
FAQs
What does Section 161 IPC define?
Public servant taking gratification other than legal remuneration in respect of an official act.
Where is Section 161 IPC applicable?
It deals with public servant taking gratification other than legal remuneration in respect of an official act in public service or criminal situations.
Why is Section 161 IPC significant?
It protects public order, honesty in administration, and discourages criminal misconduct.
Give a real-world example involving Section 161 IPC.
Examples include public servants accepting bribes, unlawful assemblies, and misuse of official positions.
What punishment is applicable under Section 161 IPC?
Punishment varies from fines to imprisonment based on the offence's seriousness.
Is Section 161 IPC related to other provisions?
Yes, often linked with sections involving corruption, unlawful acts, or government integrity.
How do courts view Section 161 IPC?
Courts interpret it strictly to ensure justice, accountability, and safeguard public trust.