IPC 159 vs BNS 159
● Retained in BNSAccepting gratification to influence public servant
Section 159 of the Indian Penal Code, 1860, deals with accepting or offering gratification to influence a public servant in the discharge of official duties. This section targets bribery and corruption to maintain integrity in public administration.
Key points of IPC 159:
-
Applies when someone offers, promises, or gives any gratification to a public servant with the intent to influence their official action.
-
Covers both direct and indirect bribery, whether monetary or in kind.
-
Punishment: imprisonment up to 2 years, or fine, or both.
For example, if a person offers money to a police officer to avoid a traffic fine, or a contractor gives gifts to expedite approvals, it falls under IPC 159.
This section ensures that public servants remain free from undue influence, upholding the fairness and legality of administrative functions.
Accepting gratification to influence public servant
Section 159 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 159. It penalizes accepting or offering gratification to influence a public servant’s decisions or actions in the course of official duties.
Key points of BNS 159:
-
Targets both givers and receivers of bribes, ensuring accountability.
-
Covers all forms of gratification, including money, gifts, or favors.
-
Punishment: up to 2 years imprisonment, or fine, or both.
For instance, bribing a municipal officer to overlook building code violations or offering gifts to a government clerk to fast-track paperwork falls under BNS 159.
This provision is vital in curbing corruption and maintaining trust in public institutions, deterring individuals from engaging in bribery or undue influence.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 159 to BNS BNS 159.