Section 8(1) in The Prevention of Corruption Act, 1988
(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 committed 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.
