Prevention of Corruption Act, 1988 TO HELP AROWNESS GENERAL PEOPLE
What Legal Action Can Be Taken Against Police Officers for Demanding Bribes?
The Indian Constitution does not explicitly use the words “corruption” or “bribe” as a standalone offence. However, laws including the Prevention of Corruption Act, 1988 (PC Act) provide provisions for action against corrupt public servants, including police officers.
Key Laws and Provisions Against Police Bribery
| Law / Act | Section | What it covers |
|---|---|---|
| Prevention of Corruption Act, 1988 | Section 7 | Deals with a public servant obtaining, accepting, or attempting to obtain an undue advantage in connection with a public duty. The provision carries imprisonment of not less than three years and up to seven years, along with a fine. |
| Prevention of Corruption Act, 1988 | Section 13 | Deals with criminal misconduct by a public servant in specified circumstances, including dishonest or fraudulent misappropriation of property entrusted to the public servant or illicit enrichment. The prescribed punishment can extend to imprisonment of four to ten years and a fine. |
| Bharatiya Nyaya Sanhita, 2023 | Section 173 | Deals with bribery in the context of elections. It should not be treated as the general provision governing police officers demanding bribes. |
Key Points to Remember
Demand for a bribe: A demand or attempt by a public servant to obtain an undue advantage can attract action under Section 7 of the Prevention of Corruption Act, subject to the facts and evidence of the case.
Giving a bribe is also an offence: Section 8 of the Prevention of Corruption Act deals with giving or promising an undue advantage to a public servant. The law also contains a specific exception where a person is compelled to give such an undue advantage and reports the matter to the law-enforcement authorities within the prescribed period.
Anyone facing an alleged demand for a bribe should preserve relevant evidence, avoid taking unnecessary risks, and consider approaching the appropriate Anti-Corruption Bureau, Vigilance authority or other competent law-enforcement agency.
How to Report an Alleged Bribe Demand
Depending on the state and circumstances, a complaint may be made to the relevant Anti-Corruption Bureau or Vigilance Department. Complainants should provide available details such as the identity or designation of the officer, the alleged demand, date and location of the incident, and any supporting evidence.
Important: The precise legal provisions and procedure can vary according to the facts of the case. Individuals should seek advice from a qualified legal professional or the competent anti-corruption authority before taking further action.
