Section 115 - Public officers taking gratification in respect of official act.

Whoever being or expecting to be a public officer accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification whatever whether pecuniary or otherwise, other than lawful remuneration, as a motive or reward-

(a) far doing or forbearing to do an official act, or

(b) for showing or forbearing to show in the exercise of his official functions favour or disfavour to a person; or

(c) for rendering or attempting to render any service or disservice to any person with any department of the public service or with a public officer as such, shall be punished-

(i) with imprisonment for a term which may extend to seven years or with fine or with both;

(ii) if such public officer is a public officer in the service of the Government of the Federation acting in a judicial capacity or carrying out the duties of a police officer, with imprisonment for a term which may extend to fourteen years or with fine or with both. -"

Explanation

If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office and that he will serve them, he may be guilty of cheating but he is not guilty of an offence under this section.

Explanation

A public officer who receives 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, is guilty of an offence under this section.

Illustration

(a) A an Alkali obtains from Z merchant a situation in Z's office for A's brother as a reward to A for deciding a suit in favour of Z. A has committed an offence under this section.

(b) A a District Head accepts a sum of money from a large land-owner. It does not appear that A accepted this sum as a motive or reward for doing or forbearing to do any particular official act or for rendering or attempting to render any particular service to the landowner. But it does appear that A accepted the sum as a motive or reward for showing general favour in the exercise of his official functions to the land-owner. A has committed an offence under this section.

(c) A public officer induces Z erroneously to believe that A's influence with the Government has obtained for Z the position of messenger and thus induces Z to give A money as a reward for this service. A has committed an offence under this section.