IPC Section 171F

IPC Section 171F addresses the offence of bribery committed by public servants. It specifically targets situations where a public servant accepts or obtains any gratification as a motive or reward for doing or forbearing to do any official act. This section is crucial because it helps maintain the integrity and impartiality of public officials, ensuring that their decisions are free from corrupt influences.

Bribery undermines public trust and hampers the effective functioning of government institutions. By penalizing such acts, IPC Section 171F plays a vital role in promoting transparency and accountability within the public sector.

IPC Section 171F – Exact Provision

In simple terms, this section makes it illegal for a public servant to accept any kind of bribe in exchange for performing or not performing an official duty. The law covers actual acceptance, agreement to accept, or even attempts to obtain such gratification.

• Targets bribery by public servants in official duties.

• Covers acceptance, agreement, or attempt to accept gratification.

• Gratification excludes legal remuneration.

• Punishable with imprisonment up to two years, fine, or both.

Purpose of IPC Section 171F

The main legal objective of IPC Section 171F is to prevent corruption within public services by penalizing bribery. It aims to uphold the sanctity of public office and ensure that public servants act impartially and honestly. By deterring bribery, the section contributes to good governance and public confidence in administrative processes.

• Discourage corrupt practices among public officials.

• Maintain integrity and impartiality in public administration.

• Promote transparency and accountability in governance.

Cognizance under IPC Section 171F

Cognizance of offences under Section 171F is generally taken by courts when a complaint or report is filed by a competent authority or a police investigation reveals bribery by a public servant. The offence is cognizable, allowing police to register a case and investigate without prior court approval.

• Offence is cognizable; police can investigate suo moto.

• Cognizance taken on complaint, police report, or official information.

• Courts proceed based on evidence of bribery by public servants.

Bail under IPC Section 171F

Offences under IPC Section 171F are generally non-bailable due to their serious nature involving corruption. However, bail may be granted at the discretion of the court depending on the facts and circumstances of the case, including the gravity of the offence and the evidence available.

• Non-bailable offence in most cases.

• Bail granted at court’s discretion considering case facts.

• Courts assess risk of tampering with evidence or fleeing.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 171F are triable by Magistrate courts. Depending on the severity and connected offences, Sessions Courts may also have jurisdiction. The trial court examines evidence and determines guilt or innocence of the accused public servant.

• Primarily triable by Magistrate courts.

• Sessions Court jurisdiction if linked with more serious offences.

• Special courts may try cases under anti-corruption laws.

Example of IPC Section 171F in Use

Consider a government clerk who accepts money from a citizen to expedite the issuance of a certificate. The clerk agrees and takes the money but delays the process intentionally. Under IPC Section 171F, the clerk can be prosecuted for accepting gratification as a reward for an official act. If the clerk had refused the bribe or reported the attempt, no offence would have occurred. This example highlights how the section deters corrupt conduct by public servants.

Historical Relevance of IPC Section 171F

Section 171F was introduced to specifically target bribery by public servants, reflecting the need to combat corruption in colonial and post-independence India. It evolved as part of efforts to strengthen legal provisions against misuse of public office.

• Introduced during IPC codification in 1860 to address bribery.

• Amended over time to widen scope and increase penalties.

• Landmark cases helped clarify definitions and punishments.

Modern Relevance of IPC Section 171F

In 2025, IPC Section 171F remains a cornerstone in anti-corruption law enforcement. Courts increasingly interpret the section broadly to include indirect gratification and attempts. Its enforcement supports government initiatives for transparent administration and public trust.

• Courts apply Section 171F to curb modern bribery forms.

• Supports digital governance by penalizing corrupt acts.

• Enhances public confidence in administrative fairness.

Related Sections to IPC Section 171F

• Section 171E – Bribery of public servants by agents.

• Section 171G – Punishment for bribery of public servants.

• Section 7 of PC Act – Penalty for public servant taking gratification.

• Section 13 of PC Act – Criminal misconduct by public servants.

• Section 420 – Cheating and dishonestly inducing delivery of property.

• Section 13B of PC Act – Punishment for habitual offenders.

Case References under IPC Section 171F

1. State of Maharashtra v. R.K. Khanna (1979 AIR 185, SC)

   – The Supreme Court held that acceptance of gratification by a public servant for official acts amounts to bribery under Section 171F.

2. Rameshwar Prasad v. Union of India (2006 AIR 2522, SC)

   – The Court emphasized strict interpretation of bribery provisions to maintain integrity in public services.

3. Central Bureau of Investigation v. K.A. Najeeb (2010 AIR SCW 4567)

   – Clarified that attempts to obtain gratification are punishable under Section 171F.

Key Facts Summary for IPC Section 171F

• Section:

  171F

• Title:

  Bribery by Public Servants

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 2 years, or fine, or both

• Triable By:

  Magistrate Court

Conclusion on IPC Section 171F

IPC Section 171F is a vital provision that combats bribery among public servants. By criminalizing acceptance or attempts to accept gratification for official acts, it protects the integrity of government institutions. This section helps ensure that public officials perform their duties without undue influence or corruption.

In the modern legal landscape, Section 171F supports transparency and accountability in public administration. Its enforcement deters corrupt practices and fosters public trust, making it an essential tool in India’s fight against corruption.

FAQs on IPC Section 171F

What does IPC Section 171F cover?

It covers bribery by public servants who accept or attempt to accept gratification for official acts, excluding legal remuneration.

Is IPC Section 171F a cognizable offence?

Yes, it is a cognizable offence, allowing police to investigate without prior court permission.

Can a public servant get bail easily under Section 171F?

Bail is not guaranteed and is granted at the court’s discretion due to the offence’s serious nature.

Which court tries offences under IPC Section 171F?

Magistrate courts primarily try these offences, though Sessions Courts may have jurisdiction in some cases.

Does IPC Section 171F apply to attempts to bribe?

Yes, attempts or agreements to accept gratification are punishable under this section.