What is Section 162 IPC? Taking gratification, in order by corrupt or illegal means to influence public servant

Published on: Lawiz Team

Detailed explanation of Section 162 IPC: Taking gratification, in order by corrupt or illegal means to influence public servant.

Official Legal Text

Whoever accepts or obtains, or agrees to accept or attempts to obtain, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means, any public servant to do or forbear 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 162 punishes anyone who takes money or any other benefit to corruptly influence a public servant.

Purpose

To prevent corruption and maintain the integrity of public administration.

Bailable or Not Bailable & Punishment

Bailable: Non-Bailable, Punishment: Imprisonment up to 3 years, or fine, or both.

Key Elements

The person must take gratification with the intent to corruptly influence a public servant.

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 that the gratification was a lawful payment.

Judicial Interpretation

Courts focus on the intention to influence the public servant.

Illustration

If a person takes money to bribe a government officer, they can be punished under Section 162.

FAQs

What does Section 162 IPC define?

Taking gratification, in order by corrupt or illegal means to influence public servant.

Where is Section 162 IPC applicable?

It deals with taking gratification, in order by corrupt or illegal means to influence public servant in public service or criminal situations.

Why is Section 162 IPC significant?

It protects public order, honesty in administration, and discourages criminal misconduct.

Give a real-world example involving Section 162 IPC.

Examples include public servants accepting bribes, unlawful assemblies, and misuse of official positions.

What punishment is applicable under Section 162 IPC?

Punishment varies from fines to imprisonment based on the offence's seriousness.

Is Section 162 IPC related to other provisions?

Yes, often linked with sections involving corruption, unlawful acts, or government integrity.

How do courts view Section 162 IPC?

Courts interpret it strictly to ensure justice, accountability, and safeguard public trust.