What is Section 165 IPC? Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant
Published on: Lawiz Team
Detailed explanation of Section 165 IPC: Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant.
Official Legal Text
Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for himself, or for any other person, any valuable thing without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 165 punishes a public servant who obtains a valuable thing without consideration from someone involved in a matter they are handling officially.
Purpose
To prevent corruption by public servants in the form of accepting valuable gifts without justification.
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Bailable: Not Applicable, Punishment: This section has been repealed and replaced by the Prevention of Corruption Act.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 public servant must obtain a valuable thing without consideration, and the person must be concerned in a proceeding or business handled by the public servant.
Punishment Details
Imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Legal Defenses
If the public servant can prove the thing was obtained with due consideration or as a lawful gift.
Judicial Interpretation
Courts require proof of a direct connection between the valuable thing and the official duty.
Illustration
If a public officer receives an expensive gift from a contractor whose project they are supervising, they can be punished under Section 165.
FAQs
What does Section 165 IPC define?
Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant.
Where is Section 165 IPC applicable?
It deals with public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant in public service or criminal situations.
Why is Section 165 IPC significant?
It protects public order, honesty in administration, and discourages criminal misconduct.
Give a real-world example involving Section 165 IPC.
Examples include public servants accepting bribes, unlawful assemblies, and misuse of official positions.
What punishment is applicable under Section 165 IPC?
Punishment varies from fines to imprisonment based on the offence's seriousness.
Is Section 165 IPC related to other provisions?
Yes, often linked with sections involving corruption, unlawful acts, or government integrity.
How do courts view Section 165 IPC?
Courts interpret it strictly to ensure justice, accountability, and safeguard public trust.