IPC Chapter 9 – Offences by or relating to Public Servants
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161. [Public servant taking a gratification other than legal remuneration, in respect of an official act.]Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s. 31.
STATE AMENDMENT
Kerala.—
Amendment of section 161, Central Act 45 of 1860.—In section 161 of the Indian Penal Code (Central Act 45 of 1860), after the explanation relating to “A motive or reward for doing”, the following explanation shall be inserted, namely:—
‘Public Servant’.— For purposes of this section and sections 162, 163, 164, 165 and 165A, the words ‘public servant’ shall denote, besides those who are public servants under section 21 or who are deemed to be ‘public servants’ within the meaning of that section under any law for the time being in force, persons falling under any of the descriptions hereinafter following, namely:—
(i) Every officer in the service or pay of the Travancore Devaswom Board or the Cochin Devaswom Board or the Cochin Devaswom Board;
(ii) Every officer in the service or pay and every member of the Wakfs Board constituted under the Wakfs Act, 1954 (Central Act 29 of 1954);
(iii) The President and every member of a Village Court or Village Panchayat Court;
(iv) Every member of the Board of Directors or of the executive or managing committee and every officer or servant of a co-operative society registered or deemed to be registered under the law relating to co-operative societies for the time being in force.
(vi) Every member of the governing body and every officer or servant in the service or pay of a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 or the Societies Registration Act, 1860, and receiving aid or grant from the Government;
(vii) Every teacher or other officer or servant of the University of Kerala;
(viii) Every examiner of a University Examination or a Government Examination;
(ix) Every Manager, or teacher or servant of an educational institution which receives or has received aid or grant from the Government or the University of kerala.”.
[Vide Kerala Act 27 of 1962, sec. 2].
162. [Taking a gratification, in order, by corrupt or illegal means, to influence a public servant.] Rep. by s. 31, ibid.
163. [Taking a gratification for the exercise of personal influence with a public servant.] Rep. by s. 31, ibid.
164. [Punishment for abetment by public servant of the offences above defined.]Rep. by s. 31, ibid.
165. [Public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant.]Rep. by s. 31, ibid.
165A.[Punishment for abetment of offences defined in section 161 or section 165.]Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s.31.
166. Public servant disobeying law, with intent to cause injury to any person.—Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
IIIustration
A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.
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1[166A. Public servant disobeying direction under law.—Whoever, being a public servant,—
(a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter, or
(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or
(c) fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973 (2 of 1974), in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, 2[section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509,
shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.
1. Note: this section inserted by Ins. by Act 13 of 2013, s. 3 (w.e.f. 03-02-2013).
2. Subs. by Act 22 of 2018, s. 2, for “section 376B, section 376C, section 376D” (w.e.f. 21-4-2018)
STATE AMENDMENT
Arunachal Pradesh
Amendment of section 166A.—In section 166A of the principal Act, in clause (c), for the words, figures and letters “section 326A, section 326B, section 354, section 354A, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509” the words, figures and letters “section 326A, section 326B, section 354, sub-sections (2) and (3) of section 354A, section 354B, section 354C, sub-sections (2) of section 354D, section 370, section 370A, section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA, section 376E or section 509” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2019, s. 3]
166B. Punishment for non-treatment of victim.—Whoever, being in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes the provisions of section 357C of the Code of Criminal Procedure, 1973 (2 of 1974), shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
1. Note: this section inserted by Ins. by Act 13 of 2013, s. 3 (w.e.f. 03-02-2013).
167. Public servant framing an incorrect document with intent to cause injury.—Whoever, being a public servant, and being, as 1[such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record] in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
1. Subs. by Act 21 of 2000, s. 91 and the First Sch., for certain words (w.e.f. 17-10-2000).
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168. Public servant unlawfully engaging in trade.—Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
169. Public servant unlawfully buying or bidding for property.—Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated.
170. Personating a public servant.—Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
171 Wearing garb or carrying token used by public servant with fraudulent intent.—Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.
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