Section 8 The Prevention of Corruption Act,
Section 8 β The Prevention of Corruption Act, 1988
(As amended by the Prevention of Corruption (Amendment) Act, 2018)
π Title:
"Taking gratification, in order, by corrupt or illegal means, to influence public servant"
π Bare Text of Section 8:
"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, other than legal remuneration, as a motive or reward for inducing, by corrupt or illegal means, any public servant, whether named or otherwise, to do or forbear to do any official act or to show favour or disfavour to any person or to render or attempt to render any service or disservice to any person with the Central Government or any State Government or Parliament or the Legislature of any State or with any public servant, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both."
β Explanation in Simple Terms:
This section criminalizes the act of accepting bribes to influence a public servant through corrupt or illegal means.
π Elements of the offence:
Who: Any person (not necessarily a public servant).
What: Accepts, obtains, or agrees to accept any gratification (i.e., bribe), not legal payment.
Why: As a reward or motive to influence a public servant to:
Do or not do something official,
Show favor or disfavor,
Render any kind of service or disservice.
βοΈ Punishment:
Imprisonment: Up to 7 years, or
Fine, or
Both.
π Key Points:
This provision targets middlemen, agents, or intermediaries who act as go-betweens to influence public servants corruptly.
Even if the public servant is not named or doesnβt act on the influence, the attempt is punishable.
The gratification must be motivated by corruption or illegality.
π§ββοΈ Example:
If Person A gives money to Person B (a tout or intermediary) so that B can illegally influence a government officer to pass a tender in A's favor β Person B is guilty under Section 8.
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