Section 161 in The Jammu and Kashmir State Ranbir Penal Code, 1989
161. Public servant taking gratification other than legal remuneration in respect of an official act.
- Whoever, being or expecting to be a public servant, 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 doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person, with [the Government or the State Legislature] [Substituted by Act III of 1967.] or with any public servant, as such shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.Explanation. - Expecting to be a public servant. If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section."Gratification." - The word "gratification" is not restricted to pecuniary gratifications, or to gratifications estimable in money."Legal remuneration." - The word "legal remuneration" are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the Government which he serves, to accept."A motive or reward for doing." - A person who receives a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within these words.Illustration(a)A, a munsiff, obtains from Z, a banker, a situation in Z's bank for A's brother, as a reward to A for deciding a cause in favour of Z. A has committed the offence defined in this section.(b)A, holding the office [Consul in a foreign State] [Substituted by Act III of 1967.], accepts a lakh of rupees from the Minister of that [State] [Substituted by Act III of 1967.]. It does not appear that A accepted this sum as a motive or reward for doing or forbearing to do any particular official act, or for rendering or attempting to render any particular service to [that State] [Substituted by Act III of 1967.] with the [xxx] [Word 'British' omitted by Act X of 2010.] Government. But it does appear that A accepted the sum as a motive or reward for generally showing favour in the exercise of his official functions to [that State] [Substituted by Act III of 1967.], A has committed the offence defined in this section.(c)A, a public servant, induces Z erroneously to believe that A's influence with the Government has obtained a title for Z, and thus induces Z to give A money as a reward for this service. A has committed the offence defined in this section.
