Section 7 PC Act: Offence relating to public servant being bribed

Section 7 of Prevention of Corruption Act: Offence relating to public servant being bribed

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Any public servant who,—

(a) obtains or accepts or attempts to obtain from any person, an undue advantage, with the intention to perform or cause performance of public duty improperly or dishonestly or to forbear or cause forbearance to perform such duty either by himself or by another public servant; or

(b) obtains or accepts or attempts to obtain, an undue advantage from any person as a reward for the improper or dishonest performance of a public duty or for forbearing to perform such duty; or

(c) performs or induces another public servant to perform improperly or dishonestly a public duty or to forbear performance of such duty in anticipation of or in consequence of accepting an undue advantage,

shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.

Explanation 1.— For the purpose of this section, the obtaining, accepting, or attempting to obtain an undue advantage shall itself constitute an offence even if the performance of a public duty is not improper.

Explanation 2.— For the purpose of this section,—

(i) the expressions "obtains" or "accepts" or "attempts to obtain" shall cover cases where a person for himself or for any other person, obtains or accepts or attempts to obtain, any undue advantage directly or through a third party;

(ii) it shall be immaterial whether such person being a public servant is capable of performing or forbearing to perform such duty.

Legal Commentary & Landmark Judgments: Section 7

Section 7 penalizes the foundational offence of a public servant being bribed, focusing on the demand, acceptance, or agreement to accept an undue advantage.

Penal Consequences & Liability: The offence is punishable with rigorous imprisonment for a term of not less than three years, extendable up to seven years, alongside mandatory liability to fine.
Core Legal Standard: Explanation 1 clarifies that the obtaining, accepting, or attempting to obtain need not be for the benefit of the public servant themselves, but may be for any third party.

Nevertheless, the legal rule remains firm: proof of demand is the non-negotiable sine qua non for conviction.

Key Landmark Precedents:

Neeraj Dutta v. State (Govt. of NCT of Delhi) (2023) 4 SCC 731: A five-judge Constitution Bench held that demand and acceptance of illegal gratification are indispensable conditions precedent for guilt under Section 7; however, in the absence of direct testimony from the complainant, demand can be proved through circumstantial evidence.
P. Satyanarayana Murthy v. District Inspector of Police (2015) 10 SCC 152: Reiterated that mere recovery of tainted currency notes from the accused, without substantive proof of demand, is wholly insufficient to secure a conviction under Section 7.
B. Jayaraj v. State of A.P. (2014) 13 SCC 55: Held that where the complainant turns hostile and there is no other evidence to prove the demand of bribe, the accused cannot be convicted under Section 7 merely based on recovery.

Legal Commentary:

Section 7 is the core operational provision governing trap cases and anti-corruption raids. The Constitution Bench in Neeraj Dutta clarified decades of ambiguity by holding that circumstantial evidence can establish the initial demand. Nevertheless, the legal rule remains firm: proof of demand is the non-negotiable sine qua non for conviction.

Section 7: Offence relating to public servant being bribed

Section 7 of Prevention of Corruption Act: Offence relating to public servant being bribed

Legal Commentary & Landmark Judgments: Section 7