Meaning and Concept of Illegal Gratification
Illegal gratification refers to any undue advantage, monetary or otherwise, taken by a public servant in exchange for performing or omitting an official act. Under the Prevention of Corruption Act, 1988, Section 7 makes it an offence for a public servant to accept gratification other than legal remuneration. Similarly, Section 13(1)(d) defines criminal misconduct when a public servant obtains any valuable thing by abusing his position. Illegal gratification undermines transparency, fairness, and the integrity of public administration. It is treated as a serious offence because it destroys public trust in governmental functions and encourages the spread of corruption in institutions.
Legal Consequences and Elements
To establish the offence of illegal gratification, the prosecution must show that the accused public servant accepted, attempted to accept, or demanded a benefit other than their lawful salary. This benefit may be money, gifts, privileged services, or promises of future favours. Section 20 of the Prevention of Corruption Act provides a presumption that when a public servant receives money not proved as legal remuneration, it is presumed to be illegal gratification unless rebutted. Courts consider such offences grave, imposing rigorous imprisonment to deter public functionaries from engaging in corrupt behaviour.
Judicial View and Importance
The judiciary consistently emphasises that illegal gratification threatens the rule of law and hinders social and economic development. Courts often highlight that even demand for a bribe constitutes an offence, whether or not the bribe was ultimately paid. They maintain that corruption erodes faith in public institutions and hampers the delivery of justice and governance. Therefore, strict liability, presumptions, and heavy penalties are used to curb corrupt practices. Illegal gratification cases are dealt with sternly because preventing corruption is essential to ensuring fair public administration and protecting citizens’ rights.
Real-Time Example
A contractor applies for approval of a government construction project. The concerned engineer demands ₹20,000 to “speed up the file.” The contractor records the conversation and files a complaint. The Anti-Corruption Bureau (ACB) sets up a trap and catches the engineer accepting the bribe. He is prosecuted under Sections 7 and 13(1)(d) of the Prevention of Corruption Act. The court convicts him, noting that the demand and acceptance of the money clearly constitute illegal gratification.
Mnemonic to Remember
Mnemonic: “D-A-P: Demand – Acceptance – Presumption”
- Demand of a bribe = offence
- Acceptance of any undue advantage = illegal gratification
- Presumption under Section 20 strengthens prosecution
This mnemonic helps recall the essential elements and legal framework of illegal gratification.
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