Section 7:
Offence relating to public servant being bribed.
1[7. Offence relating to public servant being bribed.-- Any public servant who,--
(a) obtains or accepts or attempts to obtain from any person, an undue advantage, with the intention
to perform or cause performance of public duty improperly or dishonestly or to forbear or cause
forbearance to perform such duty either by himself or by another public servant; or
(b) obtains or accepts or attempts to obtain, an undue advantage from any person as a reward for
the improper or dishonest performance of a public duty or for forbearing to perform such duty either
by himself or another public servant; or
(c) performs or induces another public servant to perform improperly or dishonestly a public duty
or to forbear performance of such duty in anticipation of or in consequence of accepting an undue
advantage from any person,shall be punishable with imprisonment for a term which shall not be less than three years but which may
extend to seven years and shall also be liable to fine.
Explanation 1.--For the purpose of this section, the obtaining, accepting, or the attempting to obtain
an undue advantage shall itself constitute an offence even if the performance of a public duty by public
servant, is not or has not been improper.
Illustration.--A public servant, 'S' asks a person, 'P' to give him an amount of five thousand rupees
to process his routine ration card application on time. 'S' is guilty of an offence under this section.
Explanation 2.--For the purpose of this section,--
(i) the expressions "obtains" or "accepts" or "attempts to obtain" shall cover cases where a person
being a public servant, obtains or "accepts" or attempts to obtain, any undue advantage for himself or
for another person, by abusing his position as a public servant or by using his personal influence over
another public servant; or by any other corrupt or illegal means;
(ii) it shall be immaterial whether such person being a public servant obtains or accepts, or
attempts to obtain the undue advantage directly or through a third party.
Notes:
1. Subs. by Act 16 of 2018, s. 4, for sections 7, 8, 9 and 10 (w.e.f. 26-7-2018).