163. Taking gratification, for exercise of personal influence with 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 the exercise of personal influence, 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 simple imprisonment for a term
which may extend to one year, or with fine, or with both.
Illustration
An advocate who receives a fee for arguing a case before a Judge; a person who receives
pay for arranging and correcting a memorial addressed to Government, setting forth the
service and claims of the memorialist, a paid agent for a condemned criminal, who lays
before the Government statements tending to show that the condemnation was unjust,
are not within this section, inasmuch as they do not exercise or profess to exercise
personal influence.
164. Punishment for abetment by public servant of offences defined in Section 162
or 163: Whoever, being a public Servant, in respect of whom either of the offences
defined in the last two preceding sections is committed, abets the offence, shall be
punished with imprisonment of either description for a term which may extend to three
years, or with fine or with both.
Illustration
A is a public servant. B, A's wife receives a present as a motive for soliciting A to give an
office to a particular person. A abets her doing so. B is punishable with imprisonment for a
term not exceeding one year, or with fine or with both. A is punishable with imprisonment
for a term which may extend to three years, or with fine, or with both.
165. Public servant obtaining valuable thing, without consideration from person
concerned in proceeding or business transacted by such public servant: 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, or having any connection with the official functions of himself or of any
public servant to whom he is subordinate,
or from any person whom he knows to be interested in or related to the person so
concerned,
shall be punished with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.