Section 3
Punishment To Giver And Taker Of Graft
(1) Whoever, being, or expecting to become, a public servant accepts or agrees to accept graft amounting as follows for him/herself or for any other person in consideration of his/her performing or having performed or of
forbearing to perform or having forborne to perform any act pertaining to his/her office or the related act or in consideration of favouring or disfavouring or causing or not causing a loss or of having favoured or disfavoured or having caused or not caused a loss to any person while carrying out his/her official functions, shall be liable to a punishment of imprisonment as follows and of a fine as per the amount involved depending on the degree of the offence. In case the graft has already been accepted, it shall be confiscated.
(a) Up to twenty five thousand rupees. Imprisonment for a term not exceeding three months.
(b) More than twenty five thousand Imprisonment for a term from rupees to fifty thousand rupees. three to four months.
(c) More than fifty thousand rupees to Imprisonment for a term from four one hundred thousand rupees. to six months.
(d) More than one hundred thousand Imprisonment for a term from six rupees to five hundred thousand months to one year and six months. rupees.
(e) More than five hundred thousand Imprisonment for a term from one rupees to one million rupees. year and six months to two years and six months.
(f) More than one million rupees to two Imprisonment for a term from two million and five hundred thousand years and six months. rupees.
(g) More than two million and five Imprisonment for a term from four hundred thousand rupees to five to six years.
million rupees.
(h) More than five million rupees to ten Imprisonment for a term from six million rupees. to eight years.
(i) Whatsoever amount above ten Imprisonment for a term from million rupees. eight to ten years.
(2) Whoever, other than a public servant, accepts or agrees to accept graft amounting as follows for him/herself or for any other person with the intention of convincing any public servant to perform or forbear to perform any function under his/her office or position or for convincing to perform or forbear to perform any such act or with the intention of favoring or disfavoring any person or causing or not causing any loss or for convincing to perform or forbear to perform any such act while carrying out any function under his office or position, shall be liable to a
punishment of imprisonment as follows and of a fine as per the amount involved depending on the degree of the offence. In case the graft has already been accepted, it shall be confiscated.
(3) Whoever gives a graft to a public servant or any other person in order to do or forbear to do any function pursuant to Sub-Section (1) or (2), shall be liable to a punishment pursuant to Sub-Section (1) depending on the
degree of the offense committed.
(4) Whoever abates to commit an offence punishable under this Section shall, if he/she is a public servant, be liable to a punishment as same as the punishment prescribed for the same offence, and if he/she is any other person, shall
be liable to half of the punishment for that offence on the basis of the degree of the offence irrespective of whether or not the offence has been committed because of such abetment.
forbearing to perform or having forborne to perform any act pertaining to his/her office or the related act or in consideration of favouring or disfavouring or causing or not causing a loss or of having favoured or disfavoured or having caused or not caused a loss to any person while carrying out his/her official functions, shall be liable to a punishment of imprisonment as follows and of a fine as per the amount involved depending on the degree of the offence. In case the graft has already been accepted, it shall be confiscated.
(a) Up to twenty five thousand rupees. Imprisonment for a term not exceeding three months.
(b) More than twenty five thousand Imprisonment for a term from rupees to fifty thousand rupees. three to four months.
(c) More than fifty thousand rupees to Imprisonment for a term from four one hundred thousand rupees. to six months.
(d) More than one hundred thousand Imprisonment for a term from six rupees to five hundred thousand months to one year and six months. rupees.
(e) More than five hundred thousand Imprisonment for a term from one rupees to one million rupees. year and six months to two years and six months.
(f) More than one million rupees to two Imprisonment for a term from two million and five hundred thousand years and six months. rupees.
(g) More than two million and five Imprisonment for a term from four hundred thousand rupees to five to six years.
million rupees.
(h) More than five million rupees to ten Imprisonment for a term from six million rupees. to eight years.
(i) Whatsoever amount above ten Imprisonment for a term from million rupees. eight to ten years.
(2) Whoever, other than a public servant, accepts or agrees to accept graft amounting as follows for him/herself or for any other person with the intention of convincing any public servant to perform or forbear to perform any function under his/her office or position or for convincing to perform or forbear to perform any such act or with the intention of favoring or disfavoring any person or causing or not causing any loss or for convincing to perform or forbear to perform any such act while carrying out any function under his office or position, shall be liable to a
punishment of imprisonment as follows and of a fine as per the amount involved depending on the degree of the offence. In case the graft has already been accepted, it shall be confiscated.
(3) Whoever gives a graft to a public servant or any other person in order to do or forbear to do any function pursuant to Sub-Section (1) or (2), shall be liable to a punishment pursuant to Sub-Section (1) depending on the
degree of the offense committed.
(4) Whoever abates to commit an offence punishable under this Section shall, if he/she is a public servant, be liable to a punishment as same as the punishment prescribed for the same offence, and if he/she is any other person, shall
be liable to half of the punishment for that offence on the basis of the degree of the offence irrespective of whether or not the offence has been committed because of such abetment.