Prevention of Corruption Act 1988

S.B.adil rahman (Querist) 07 January 2011 This query is : Resolved
Under which section of law under the Prevention of corruption Act 1988 the police can arrest and prosecute a person who tried to bribe a public servant to some work done which the public servant refused and cought the person red handed who was offering bribe to him? Kindly guide.Is it not an act of abetment to the public servant to accept bribe?

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Guest (Expert) 07 January 2011
voluntarily giving or offering bribe is punishable offence under section 12 of the Prevention of Corruption Act, 1988.

The law however, protects such persons who complaint to the law enforcement agencies soon after demand of bribe by a public servant, even if they had agreed to the demand. Section 24 of the Prevention of Corruption Act, 1988 provides such protection and acts of the complainant during the process of laying of trap. No action can, therefore, be taken against complaints in such matters.

But, Certainly bribe giving is also an offence as per section 12 of the Prevention of Corruption Act, 1988, but only when it is given voluntarily.

Ajay Bansal (Expert) 08 January 2011
agreed with aforesaid view.

Kirti Kar Tripathi (Expert) 08 January 2011
I also agree.

Advocate. Arunagiri (Expert) 08 January 2011
When the bribe is given as part of trap, it is not an abetment.

If the bribe is given other than the trap drama, that is really, the bribe giving is abetment.