AIR 1955 BOMBAY 61 ::56 Bom LR 1021

Bombay High Court

Hon'ble Judge(s): Gajendragadkar, Chainani , JJ

Penal Code (45 of 1860) , S.107, S.116, S.161— Offer to pay bribe to public servant without actually producing money amounts to offence u/S.165-A - Offer, what amounts to. Contract Act (9 of 1872) , S.2(a)— Section 165-A provides for the punishment of an abetment of an offence punishable under S.161 or S.165 whether or not that offence is committed in consequence of the abetment. The prosecution must, therefore, establish that the conduct of the accused amounts to an abetment of the offence under S.161.(Para 6) It is not necessary in order to bring home to the public servant the charge under S.161 to prove that he has actually accepted or obtained illegal gratification. It would be enough if it be shown that he had agreed to accept the said illegal gratification. In other words, if a proposal is made to the public servant in respect of payment of illegal gratification and the proposal is accepted by the public servant, he would be guilty under S.161, Penal Code. If that be the true position, it must follow that the making of the offer would itself constitute an offence under S.165-A in regard to the payment of illegal gratification although no money or other consideration is produced at the time of the offer. If a person who offers to pay the amount makes his proposal, that constitutes an offence under S.165A. If....