Section 8:
Offence relating to bribing of a public servant.
1[8. Offence relating to bribing of a public servant.--(1) Any person who gives or promises to give
an undue advantage to another person or persons, with intention--
(i) to induce a public servant to perform improperly a public duty; or
(ii) to reward such public servant for the improper performance of public duty,shall be punishable with imprisonment for a term which may extend to seven years or with fine or with
both:
Provided that the provisions of this section shall not apply where a person is compelled to give such
undue advantage:
Provided further that the person so compelled shall report the matter to the law enforcement
authority or investigating agency within a period of seven days from the date of giving such undue
advantage:
Provided also that when the offence under this section has been committeed by commercial
organisation, such commercial organisation shall be punishable with fine.
Illustration.--A person, 'P' gives a public servant, 'S' an amount of ten thousand rupees to ensure
that he is granted a license, over all the other bidders. 'P' is guilty of an offence under this sub-section.
Explanation.--It shall be immaterial whether the person to whom an undue advantage is given or
promised to be given is the same person as the person who is to perform, or has performed, the public
duty concerned, and, it shall also be immaterial whether such undue advantage is given or promised to be
given by the person directly or through a third party.
(2) Nothing in sub-section (1) shall apply to a person, if that person, after informing a law
enforcement authority or investigating agency, gives or promises to give any undue advantage to another
person in order to assist such law enforcement authority or investigating agency in its investigation of the
offence alleged against the later.]
Notes:
1. Subs. by Act 16 of 2018, s. 4, for sections 7, 8, 9 and 10 (w.e.f. 26-7-2018).