Section 165 in The Jammu and Kashmir State Ranbir Penal Code, 1989
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 made 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] [Substituted by Act III of 1958.], or with fine, or with both.Illustration(a)A, a collector, hires a house of Z, who has a settlement case pending before him. It is agreed that A shall pay fifty rupees a month the house being such that, if the bargain were made in good faith, A would be required to pay two hundred rupees a month. A has obtained a valuable thing from Z without adequate consideration.(b)A, a Judge buys of Z, who has a cause pending in A's Court, Government promissory notes at a discount, when they are selling in the market at a premium. A has obtained a valuable thing from Z without adequate consideration.(c)Z's brother is apprehended and taken before A, a Magistrate on charge of perjury. A sells to Z shares in a bank at a premium, when they are selling in the market at a discount,. Z pays A for the shares accordingly. The money so obtained by A is a valuable thing obtained by him without adequate consideration.
