(1) “Action” means any action taken by a public servant in the discharge of his functions as such public servant and includes decision, recommendation or finding or in any other manner and includes willful failure or omission to act and all other expressions relating to such action shall be construed accordingly;
(2) “Allegation” in relation to a public servant includes any affirmation that such public servant-
(a) has indulged in misconduct, if he is a government servant;
(b) has indulged in corruption
(3) “complaint” includes any grievance or allegation or a request by whistleblower for protection and
appropriate action.
(4) “corruption” includes anything made punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1988;
Provided that if any person obtains any benefit from the government by violating any laws or rules,
that person along with the public servants who directly or indirectly helped that person obtain
those benefits, shall be deemed to have indulged in corruption.
(5) “Government” or “Central Government” means Government of India.
(6) “Government Servant” means any person who is or was any time appointed to a civil service or post
in connection with the affairs of the Central Government or High Courts or Supreme Court either on
deputation or permanent or temporary or on contractual employment but would not include the
judges.
(7) “grievance” means a claim by a person that he could not get satisfactory redressal according to
citizen’s charter and despite approaching Public Grievance Officer of that Department;
(8) “Lokpal” means
a. Benches constituted under this Act and performing their functions as laid down under various provisions of this Act; or
b. Any officer or employee, exercising its powers and carrying out its functions and responsibilities, in the manner and to the extent, assigned to it under this Act, or under various rules, regulations or orders made under various provisions of this Act.
c. For all other purposes, the Chairperson and members acting collectively as a body;
(8A) “Minor penalty” and Major penalty” shall mean same as defined in CCS Conduct Rules.
(9) “Misconduct” means misconduct as defined in relevant Conduct Rules and has vigilance angle.
(10)"public authority" means any authority or body or institution of self- government established or constituted—
a. by or under the Constitution;
b. by any other law made by Parliament;
c. by notification issued or order made by the Government, and includes any body owned,
controlled or substantially financed by the Government;
(11)“Public servant” means a person who is or was at any time,-
(a) the Prime Minister;
(b) a Minister;
(c) a Member of Parliament;
(d) Judges of High Courts and Supreme Courts;
(e) a Government servant;
(f) the Chairman or Vice-Chairman (by whatever name called) or a member of a local authority in the control of the Central Government or a statutory body or corporation established by or under any law of the Parliament of India, including a co-operative society, or a Government Company within the meaning of section 617 of the Companies Act, 1956 and members of any Committee or Board, statutory or nonstatutory, constituted by the Government;
(g) all who are declared as “public servants” in Sec 2(c) of Prev’n of Corrup’n Act 1988.
(h) Such other authorities as the Central Government may, by notification, from time to time, specify;
(12)“Vigilance angle” includes –
(a) All acts of corruption
(b) Gross or willful negligence; recklessness in decision making; blatant violations of systems and procedures; exercise of discretion in excess, where no ostensible/public interest is evident; failure to keep the controlling authority/superiors informed in time
(c) Failure/delay in taking action, if under law the government servant ought to do so, against subordinates on complaints of corruption or dereliction of duties or abuse of office by the subordinates
(d) Indulging in discrimination through one’s conduct, directly or indirectly.
(e) Victimizing Whistle Blowers
(f) Any undue/unjustified delay in the disposal of a case, perceived after considering all relevant
factors, would reinforce a conclusion as to the presence of vigilance angle in a case.
(g) Make or undertake an unfair investigation or enquiry either to unduly help those guilty of corruption or incriminate the innocent.
(h) Any other matter as notified from time to time by the Lokpal
(13)“Whistleblower” is any person, who faces the threat of
(a) professional harm, including but not limited to illegitimate transfer, denial of promotion, denial of appropriate perquisites, departmental proceedings, discrimination or
(b) physical harm, or
(c) is actually subjected to such harm;
because of either making a complaint to the Lokpal under this Act, or for filing an application under RTI Act, 2005 or by any other legal action aimed at preventing or exposing corruption or mal-governance.
CHAPTER IX - OF OFFENCES BY OR RELATING TO PUBILC SERVANTS
161 To 165A.- [Rep. By the prevention of Corruption Act, 1988(49 of 1988), sec. 31.]
166. Public servant disobeying law, with intent to cause injury to any person.- Whoever, being a public servant , knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or downing it to be likely that he will, by such disobedience, cause injur y to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Illust ration
A, being an off icer 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 Z.A has committed the offence defined in this section.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 1 years, or fine or both- Non-Cognizable-Bailable-Triable
by any Magistr ate - Non- compoundable.
167.- Public servant framing an incorrect document with intent to cause injury.- Whoever, being a public servant, and being , as [such public ser vant, charged with 1 the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record] in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may ther eby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
1. Subs. by the Information Technology Act, 2000.sec. 91 and Sch.1, for certain words.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 3 years, or fine or both- Non-Cognizable-Bailable-Triable
by any Magistr ate of the first class- Non- compoundable.
168. Public servant unlawfully engaging in trade.- Whoever , being a public servant and being legally bound as such public servant not to engage in trade , engage in trade, shall be punished with simple imprisonment for a term which may extend to one year , or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 1 years, or fine or both- Non-Cognizable-Bailable-Triable
by any Magistr ate of the first class- - Non- compoundable.
169. Public servant unlawfully buying or bidding for property.- Whoever, being a public servant and being legally bound as such public servant, not to pur chase or bid for certain property , purchase or bids for that property , either in his own name or in the name of another, or jointly , or bids for that property , either in his own name or in the name of another, or jointly, or in shares with other s , shall be punished with simple imprisonment for a term which may extend to two years , or with fine , or with both; and the property , if purchased , shall be confiscated.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 2 years, or fine or both and confisication of property if purchased - Non-Cognizable-Bailable-Tr iable by any Magistrate of the first class- - Noncompoundable.
170. Personating a public servant.- Whoever pretends to holds any particular office a public servant , knowing that he does not hold such office or falsely personates any other person holding such office , shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 2 years, or fine or both –Cognizable- Non-bailable- Triable
by any Magistr ate of the first class- - Non- compoundable.
171. Wearing garb or carrying token used by public servant with fraudulent intent.-
Whoever, not belonging to a certain class of public servants, wears any gar b or carries any token resembling any gar b or token used by that class of public servants , with the intention that it may be believed , or with the knowledge that it is likely to be believed , that he belongs to that class of public ser vants , shall be punished with imprisonment of either descr iption for a term which may extended to three months, or with fire which may extend to two hundred to two hundred rupees , or with both.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 3 months ,or fine of 200 rupess, or both- Cognizable-Bailable- Tr iable by Magistrate- Non- compoundable.
1 CHAPTER IXA
171A. Candidate , Electoral right defined.- For the purpose of this Chapter-2 [(a) candidate means a person who has been nominated as a candidate at any election;]
(b) electoral right means the r ight of a per son to stand , or not to stand as, or to a withdraw from being ,a candidate or to vote or refrain from voting at any election.
____________________________________________________
1. 1. Chapter IXA ins. by Act 39 of 1920,sec.2.
2. 2. Subs. by Act 40 of 1975,sec.9, for clause(a)
171B. Bribery.- (1) Whoever-
(i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such r ight; or
(ii) accepts either for himself or for any other person any gr atification as reward for exercising any such r ight or for inducing or attempting to induce any other person to exercise any such right;
commits the offence of bribery:
Provided that a declaration of public action shall not be an offence under this section.
(2) A person who offer s, or agrees to give , or offers or attempts to procure, a gratification shall be deemed to give a gratification.
(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts 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 , shall be deemed to have accepted the gr atification as a reward.
171C. Undue influence at elections.- (1) Whoever voluntarily interfere or attempts to inter fere with the free exercise of any electoral right commits the offence of undue influence at an election.
(2) Without pr ejudice to the generality of the pr ovision of sub-section (1) , whoever-(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injur y of any kind, or
(b) induces or attempts to induce a candidate or voter to believe that he or any person in whim he is interested will become or will be r endered an object of
Divine displeasure or of spir itual censure,
shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter , within the meaning of sub- section (1).
(3) A declaration of public policy or a promise of public action , or the mere exercise of a legal r ight without intent to interfer e with an electoral right, shall not be deemed to be interference within meaning of this section.
171D. Personation at elections .- Whoever at an election applied for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name , or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence or personation at an election.
171E. Punishment for bribery.- Whoever commits the offence of bribery shall be punished with fine ,or with both. Provided that bribery by treating shall be punished with fine only. Explanation .- Treating means that from of bribery where the gratification consists in food, drink , entertainment, or provision.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 1 years, or fine or both or if treating only-Non - Cognizable-Bailable-Triable by Magistrate of the first class- Non- compoundable.
171F. Punishment for undue influence or personatio n at an election.-Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.
CLASSIFICATION OF OFFENCE
Para I. Punishment-Imprisonment for 1 years, or fine or both or if treating only Non - Cognizable-
Bailable-Triable by Magistrate of the first class- Non- compoundable.
Para II.Punishment -Imprisonment for 1 years, or fine or both or if treating only-Non - Cognizable-
Bailable-Triable by Magistrate of the first class- Non- compoundable.
171G. False stat ement in connection with an election.- Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.
CLASSIFICATION OF OFFENCE
Punishment-Fine Non- Cognizable- Bailable-Triable by Magistrate of the first class-Noncompoundable.
171 H. False statement in connect ion with an election.- Whoever with intent to affect the result of an election makes or publishes any statement of fact which is false and which he either knows or believes to be false or does not believe to be true , in relation to personal character or conduct of any candidate shall be punished with fine.
CLASSIFICATION OF OFFENCE
Punishment-Fine Non- Cognizable- Bailable-Triable by Magistrate of the first class- Noncompoundable.
171H. Illegal payments in connection with an election.- Whoever without the general or special authority in wr iting of a candidate incurs or authorizes expenses on account of the holding of any pubic meeting , or upon any advertisement, circular or publication , or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate , shall be punished with fine which may extend to five hundred rupees:
Provided that if any persons having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate.
CLASSIFICATION OF OFFENCE
Punishment-Fine of 500 rupees Non- Cognizable- Bailable-Triable by Magistrate of the first
class- Non- compoundable.
171I. Failure to keep election accounts.- Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incur red at or in connection which an election fails to keep such accounts shall be punished with fie which may extend to five hundred rupees.]
CLASSIFICATION OF OFFENCE
Punishment-Fine 500 rupees- Non- Cognizable- Bailable-Triable by Magistrate of the first class-
Non- compoundable.
