(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 a 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 sub-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.
(2) Nothing in sub-section (1) shall apply, if a person, after informing a law enforcement authority or investigating agency, gives or promises to give an undue advantage to another person in order to assist such authority or agency in its investigation of the offence alleged against a later person.
Legal Commentary & Landmark Judgments: Section 8
Section 8 criminalizes the act of bribing a public servant, establishing direct penal liability against bribe givers while codifying a crucial 7-day immunity safeguard for coerced victims.
Crucially, the 7-day reporting exception encourages victims of extortionate demands to approach vigilance agencies without fear of self-incrimination.
The 2018 amendment to Section 8 transformed Indian anti-corruption jurisprudence by penalizing bribe givers as primary offenders, aligning India with the UN Convention Against Corruption (UNCAC). Crucially, the 7-day reporting exception encourages victims of extortionate demands to approach vigilance agencies without fear of self-incrimination.