IPC Section 164 - Rep. By The Prevention Of Corruption Act, 1988 (49 of 1988), s. 31

The Indian Penal Code, 1860 (hereinafter referred to as “IPC”) forms the basis of criminal laws in India. It deals with an enormous number of offences and, correspondingly, provides punishment for the same to maintain public order, uphold justice, and protect individuals from harm. In this vast expanse, Section 164 of the IPC specifically addresses the situation of abetment of certain corrupt practices by public servants.

Section 164 referred to the punishment regarding abetment by public servants of the offences described in Section 162 and Section 163 of the IPC. However, Section 164 of IPC was later on repealed by Section 31 of the Prevention of Corruption Act, 1988 (49 of 1988) (hereinafter referred to as “the Act”). Furthermore, Section 31 of the Act was repealed by Act 30 of 2001, S. 2 and Sch. I.

Let’s take a look at these Sections prior to their repealment.

Legal Provisions Of IPC Section 164

Prior to repeal, IPC Section 164 read as follows:

“Section 164: Punishment For Abetment By Public Servant Of Offences Defined In Section 162 And or 163-

Whoever, being a public servant, in respect of whom either of the offences defined in the last two preceding Sections is committed, abets the offence, shall be punished with imprisonment of either description for a term which may extend 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 abets her doing so. B is 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 both.”

Legal Provision Of IPC Sections 162 And 163

Sections 162 and 163 are also repealed along with Section 134 by Section 31 of the Prevention of Corruption Act, 1988. Prior to repeal, IPC Sections 162 and 163 read as follows:

“Section 162: Taking Gratification, In Order, By Corrupt Or Illegal Means, To Influence Public Servant-

Whoever accepts or obtains, or agrees to accept, or attempts to obtain, from any person, for himself or for any other person, any gratification whatever as a motive or reward 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 to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person, with the Central or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in Section 21, or with any public servant, 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.

Section 163: Taking Gratification, For Exercise Of Personal Influence With Public Servant-

Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, 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 to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Central or any State Government or Parliament or the Legislature of any State, or with any local authority, corporation or Government company referred to in Section 21, or with any public servant, as such, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Illustration

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 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.”

Objective Behind IPC Sections 162-164

The very purpose of Sections 162, 163, and 164 of the IPC is to provide a legal framework for criminalising corrupt practices of bribery and attempting to exercise influence over public servants. These Sections relate to preventing abuse of power by public servants and accountability through penal provisions where persons seek to influence official actions through corrupt means.

Section 162: Taking Gratification, In Order, By Corrupt Or Illegal Means, To Influence Public Servants-

Section 162 aims to prevent influencing public servants with corrupt motives. It criminalises,

• Accepting or attempting to accept any gratification (bribe) as a motive or reward for inducing a public servant to act or refrain from acting in a particular manner.
• Influencing the official duties of a public servant by corrupt or illegal means.
• Punishment: Imprisonment of either description up to three years, or a fine, or both.

This Section ensured people cannot use bribes to compel or influence any public servants to show favour or disfavour in their official duties.

Section 163: Taking Gratification For Personal Influence With Public Servants-

This Section criminalised the act of accepting or attempting to accept any gratification in consideration for using personal influence over any public servant, for securing from such public servants a certain outcome.

Section 163 is different from Section 162 in the aspect that Section 163 focused on personal influence, rather than corrupt or illegal means.

• It punishes a person who uses his personal influence over a public servant with the intent to induce him to act either in favour or against someone.
• Punishment: Simple imprisonment for a term which may extend to one year, or a fine, or both.

This Section was incorporated to prevent individuals from using their personal influence over public servants for unlawful gratification.

Section 164: Punishment For Abetment By Public Servant Of Offences Defined In Section 162 And or 163-

Under this Section, public servants abetting the offences of Section 162 and Section 163 are dealt with. In other words, IPC Section 164 provides penalties for those public servants who either:

• Actively participate or encourage acts prohibited under IPC Sections 162 & 163.
• Punishment: Imprisonment of either description for a term up to three years, or with fine, or with both.

This Section aims to make public servants liable in case they abetted the act of corruption or violated the law by allowing others to use illegal influence over them.

Section 31 Of The Prevention Of Corruption Act, 1988 (49 of 1988)

The Prevention of Corruption Act, 1988 (49 of 1988) was enacted with certain objectives. It aimed to widen the scope of definition of “public servant” as incorporated under Sections 161 to 165A of the IPC. The Statement of Object and Reason of the Act are as follows:

“3. The Bill, inter alia, envisages widening the scope of the definition of the expression “public servant”, incorporation of offences under Sections 161 to 165-A of the Indian Penal Code, enhancement of penalties provided for these offences and incorporation of a provision that the order of the trial court upholding the grant of sanction for prosecution would be final if it has not already been challenged and the trial has commenced. In order to expedite the proceedings, provisions for day-to-day trial of cases and prohibitory provisions with regard to grant of stay and exercise of powers of revision on interlocutory orders have also been included.

4. Since the provisions of Sections 161 to 165-A are incorporated in the proposed legislation with an enhanced punishment, it is not necessary to retain those Sections in the Indian Penal Code. Consequently, it is proposed to delete those Sections with the necessary saving provision.”

Therefore, Section 31 of the Act repealed Section 164 of the IPC, amongst others. Section 31 of the Act provided for the following:

“Section 31: Omission Of Certain Sections Of Act 45 Of 1860-

Sections 161 to 165-A (both inclusive) of the Indian Penal Code shall be omitted, and Section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply to such omission as if the said Sections had been repealed by a Central Act.”

Therefore, Section 31 of the Act provided for the omission of Sections 161 to 165-A of the Penal Code with necessary saving provision.

However, Section 31 of the Act was further repealed by the Act 30 of 2001, S. 2 and Sch. I.

Section 6 Of General Clauses Act, 1897

As mentioned in Section 31 of the Act, Section 6 of the General Clauses Act, 1897 provides for the following:

“Section 6: Effect Of Repeal-

Where this Act, or any Central Act or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not—

1. revive anything not in force or existing at the time at which the repeal takes effect; or
2. affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or
3. affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or
4. affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or
5. affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed.”

Conclusion

Section 164 of the Indian Penal Code dealt with the abetment of corrupt practices by public servants. Originally this Section, along with Sections 162 and 163, formed the crux of the legal machinery meant for preventing bribery and undue influence against public servants. However, the above Sections were repealed and replaced by the Prevention of Corruption Act, 1988. The latter was a more comprehensive measure against corruption.

The repeal of the above Sections marked legislative change towards greater accountability and a wider definition of corrupt activities involving public servants. The new Act not only extended the scope of offences committed by public servants but increased penalties that would deter corruption more effectively.

The abolition of Section 164 and other similar provisions by the Prevention of Corruption Act marks an important move by India on its journey to shape more contemporary anti-corruption legislation. It is a testimonial to the determination of the country to fight more effectively against corruption through more robust legislation that rendered public servants accountable to greater extent. The General Clauses Act ensures that liabilities under those repealed Sections remain enforceable, holding integrity of justice intact.