Explanation : "Expecting to be a public servant": If a person not expecting to be in
office obtains a gratification by deceiving others into a belief that he is about to be in
office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of
the offence defined in this section.
"Gratification": The word "gratification" is not restricted to pecuniary gratifications, or to
gratifications estimable in money.
"Legal remuneration": The words "legal remuneration" are not restricted to
remuneration, which a public servant can lawfully demand, but include all remuneration
which he is permitted by the authority by which he is employed, to accept.
"A motive or reward for doing": A person who receives gratification as a motive for
doing what he does not intend to do, or as a reward for doing what he has done, comes
within these words.
“Public servant”: In this section and in Sections 162, 63, 164, 165, 166, 167, 168, 169
and 409, 'public servant' includes an employee of any corporation or other body or
organisation set up, controlled or administered by, or under the authority of, the Federal
Government.
Added by the Prevention of Corruption Laws (Amendment) Act, XHI of 1977, S. 2 and Sch.
Illustrations (a) A, a munsif, obtains from Z, a banker, a situation in Z's bank for A's
brother, as a reward to A for deciding a case in favour of Z. A has committed the offence
defined in this section.
(b) A, holding the office of Consul at the Court of a Foreign Power accepts a lakh of
rupees from the Minister of that Power. It does not appear, that A accepted this sum as a
motive or reward for doing or forbearing to do any particular official act, or for rendering or
attempting to render any particular service to that Power, with the Government of
Pakistan. But it does appear that A accepted the sum as a motive or reward for generally
showing favour in the exercise of his official functions to that Power. A has committed the
offence defined in this section.
(c) A, a public servant, induces Z erroneously to believe that A's influence with the
Government has obtained a title for Z and thus induces Z to give A money as a reward for
this service. A has committed the offence defined in this section.
162. Taking gratification, in order by corrupt or illegal means to influence public
servant: Whoever accepts or obtains, or agrees to accept, or attempts to obtain from any
person, for himself or for. any other person, any gratification whatever as a motive or
reward for inducing, by corrupt or illegal means, any public servant to do or to forbear to
do any official act, or in the exercise of the official functions of such public servant to show
favour or disfavour to any person, or to render or attempt to render any service or
disservice to any person with the Federal or any Provincial Government or Legislature, or
with any public servant, as such, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both.