페이지 이미지
PDF
ePub

employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Being 158. Whoever is engaged or hired, or offers or attempts to hired to

be hired or engaged, to do or assist in doing any of the acts take part in unlawful specified in section 141, shall be punished with imprisonment of assembly or riot.

either description for a term which may extend to six months, or with fine, or with both; and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Affray defined.

159. When two or more persons, by fighting, in a public place, disturb the public peace, they are said to commit an affray.

160. Whoever commits an affray shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.

Punishment for committing affray.

1 There must be actual fighting. Mere quarrelsome words or gestures, or preparations made for fighting, do not constitute an affray, M. & M. 133.

And the fighting must be in a pablic place. A quarrel among several per. sons in a private room only amounts to an assault by each.

CHAPTER IX.

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS.

[ocr errors]

bribe in

official act.

[ocr errors]

161. Whoever, being or expecting to be a public servant 1, Taking accepts or obtains, or agrees to accept or attempts to obtain

respect of from any person for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person, with the Legislative or Executive Government of India, or with the Government of any Presidency 3, or with any Lieutenant-Governor, or with any public servant 4, as such, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both

Explanations. — Expecting to be a public servant.' If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, bat he is not guilty of the offence defined in this section,

'Gratification. The word 'gratification is not restricted to pecuniary gratifications, or to gratifications estimable in money.

'Legal remuneration. The words 'legal remuneration' are not restricted to remuneration which a public servant can

Sec. 21. This includes a railway. servant, Act IV of 1879, sec. 27, and a telegraph-officer, Act XIII of 1885, Sec. 31. A patwari taking grain as a consideration for showing favour to the giver in the discharge of his functions as patwárí should be convicted under Bee. 161, not sec. 165, 2 N. W. P. 148.

*ie. what is given to him by, or

by the authority of, the Government
which he serves, and what is accepted
by him, with its permission, from any
person, M. & M. 135.

3 Sec. 18.

. Sec. 21.

.

5 Asking for a bribe, by implication or expressly, is an attempt to obtain one, 2 All, 253, 259.

a

lawfully demand, but include all remuneration which he is permitted by the Government? which he serves to accept.

'A motive or reward for doing. A person who receives a gratification as a motive for doing what he does not intend to do, or as a reward 'for doing what he has not done, comes within these words.

Illustrations. (a) A, a munsif, obtains from Z, a banker, a situation in 2's bank' for A's brother, as a reward to A for deciding a cause in favour of Z. A has committed the offence defined in this section.

(6) A, holding the office of Resident at the Court of a subsidiary power, accepts a lákh of rupees from the Minister of that power. It does not appear that A accepted this sum as a motive or reward for doing or forbearing to do any particular official act, or for rendering or attempting to render any particular service to that power with the British Government. But it does appear that A accepted the sum as a motive or reward for generally showing favour in the exercise of his official functions to that power. A has committed the offence defined in this section,

(c) A, a public servant, induces Z erroneously to believe that A's influence with the Government has obtained a title for Z, and thus induces Z to give A money as a reward for this service. A has

committed the offence defined in this section, Taking 162. Whoever accepts or obtains, or agrees to accept or gratification to in attempts to obtain, from any person, for himself or for any fluence other person, any gratification whatever as a motive or reward public ser

for inducing, by corrupt or illegal means, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant 3 to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Legislative or Executive Government of India, or with the Government of any Presidency, or with any Lieutenant-Governor, or with any public servant 3, as such, shall be punished with imprison

, ment of either description for a term which may extend to three years, or with fine, or with both.

3

vant.

1 This includes (for the purposes of sec. 161) any employer of a railway servant as such, Act IV of 1879, sec. 27, and any person licensed under the Telegraph Act, XIII of 1885, sec. 31.

A, a constable,and B, a chaukidár, enter a house in which certain baniyas are gambling, arrest them, and afterwards release them on payment of a

sum of Rs. 15. A has committed the offence defined in this section, and B has abetted that offence, 5 Suth. Cr. 49, col. 2.

3 Sec. 21. This includes a railway servant, Act IV of 1876, sec. 27, and a telegraph-officer, Act XIII of 1885, sec. 31.

4 Sec. 18.

2

tion

lic servant.

163. Whoever accepts or obtains, or agrees to accept or Taking attempts to obtain, from any person, for himself or for any other ratificaperson, any gratification whatever, as a motive or reward for exercise of inducing, by the exercise of personal influence, any public influence

personal servant 1 to do or to forbear to do any official act, or in the with pubexercise of the official functions of such public servant 1 to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Legislative or Executive Government of India, or with the Government of any Presidency, or with any LieutenantGovernor, or with any public servant 1, as such, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Illustrations. An advocate who receives a fee for arguing a case before a Judge; a person who receives pay for arranging and correcting a memorial addressed to Government, setting forth the services and claims of the memorialist; a paid agent for a condemned criminal, who lays before the Government statements tending to show that the condemnation was unjust-are not within this section, inasmuch as they do not exercise or profess to exercise personal influence.

164. Whoever, being a public servant ?, in respect of whom Abetment either of the offences defined in the last two preceding sections by public is committed, abets the offence, shall be punished with im- offences

above deprisonment of either description for a term which may extend fined . to three years, or with fine, or with both.

Illustration. A is a public servant. B, A's wife, receives a present as a motive for soliciting A to give an office to a particular person. A a bets her doing so. Bis punishable with imprisonment for a term not exceeding one year, or with fine, or with both. A is punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

165. Whoever, being a public servant 1, accepts or obtains, Public seror agrees to accept or attempts to obtain, for himself or for vant ob

taining any other person, any valuable thing?, without consideration, gift from or for a consideration which he knows to be inadequate 3, from persona con

cerned in " See note 3, p. 150.

transacting business before him. As e.g. a rupee, 1 All. 530.

to the incapacity of officers connected • This section does not prohibit a with courts to buy actionable claims, sale or purchase by a public servant, see the Transfer of Property Act, IV at a fair price, to or from person of 1882, sec. 136.

vant.

a

proceeding any person whom he knows to have been, or to be, or to by such public ser

be likely to be concerned in any proceeding or business transacted, or about to be transacted by such public servant', or having any connection with the official functions of himself or of any public servant 1 to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Illustrations. (a) A, a Collector, hires a house of Z, who has a settlement case pending before him. It is agreed that A shall pay fifty rupees a month, the house being such that, if the bargain were made in good faith, A would be required to pay two hundred rupees a month. A has obtained a valuable thing from Z without adequate consideration.

(b) A, a Judge, buys of Z, who has a cause pending in A's Court, Government Promissory Notes at a discount, when they are selling in the market at a premium. A has obtained a valuable thing from Z without adequate consideration.

(c) Z's brother is apprehended and taken before A, a Magistrate, on a charge of perjury. A sells to Z shares in a bank at a premium, when they are selling in the market at a discount. A for the shares accordingly. The money so obtained by A is a

valuable thing obtained by him without adequate consideration. Public ser- 166. Whoever, being a public servant, knowingly disobeys vant disany direction of the law ? as to the way in which he is to con

2 obeying law, with duct himself as such public servant, intending to cause, or intent to cause in knowing it to be likely that he will, by such disobedience, jury. cause injury 3 to any person, shall be punished with simple

imprisonment for a term which may extend to one year, or with fine, or with both.

Illustration. 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 2. A has committed the offence defined in this section.

Z pays

1 See note 3, p. 150.

2. Whether the direction is given by a written law, or whether it is a mandate proceeding from a competent authority which the public servant is bound by law to obey—as a writ or order for the liberation of a person

from prison, M. & M. 139. As to breaking rules for preventing disclosures of the contents of documents delivered under the Income-tax Aet, see Act II of 1886, sec. 38.

3 Sec. 44.

« 이전계속 »