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[Cites 0, Cited by 0] [Section 2] [Entire Act]

Union of India - Subsection

Section 2(2) in The Criminal Law Amendment Ordinance, 1946

(2)Where in any trial of or inquiry by a Court into an offence punishable under section 161 or 165 of the Indian Penal Code (45 of 1860) it is proved that an accused person has accepted or obtained, or has agreed to accept or attempted to obtain, for himself or for any other person, any gratification (other than legal remuneration) or any valuable thing from a person or the agent of a person seeking to obtain facilities for transport or holding or seeking to obtain a contract from His Majestys Government in the United Kingdom or in any part of His Majestys dominions, or the Central or State Government or a department of any such Government or a local authority or from any person acting on behalf of any such Government or department or authority, it shall be presumed unless the contrary is proved that he accepted or obtained, or agreed to accept or attempted to obtain, that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in the said section 161 or, as the case may be, without consideration or for consideration which he knows to be inadequate.Explanation. For the purposes of this sub-section transport includes the carriage whether of persons or property of any description by rail, road, air, sea or inland waters.