BACK TO SECTIONS
IPC 1860REPEALED

Section 161-170

Offences by or Relating to Public Servants: Bribery; Taking Gratification to Exercise Influence; Taking Gratification in Aid of Person Charged with Offence; Misconduct in Office; Framing Incorrect Document; Keeper of Prison Allowing Escape; Public Servant Unlawfully Engaging in Trade

Replaced by: BNS see Prevention of Corruption Act

Non-BailableCognizable: YesSpecial Court / Court of Session
THE STATUTE

Original Text

Section 161: [Repealed — Now governed by Prevention of Corruption Act 1988] Whoever, being or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act...

Simplified

Sections 161–171 originally addressed corruption and misconduct by public servants. Most of the key bribery provisions (Sections 161–165A) were REPEALED and superseded by the Prevention of Corruption Act 1988 (PC Act), which provides a far more comprehensive and stricter anti-corruption framework. The remaining IPC provisions (Sections 166–171) cover: abusing the office of a public servant to cause injury to any person (Section 166 — 1 year), disobeying a direction of law (Section 166A — 6 months to 2 years), unlawful engagement in trade by a public servant (Section 168), bidding for property at a court sale by a public servant (Section 169 — 2 years), and personating a public servant (Section 170 — 2 years). Section 170 (personation of public servant) is extensively used — people who impersonate police officers, income tax officials, or CBI agents to extort or intimidate citizens face up to 2 years imprisonment.

Legal Evolution

The Prevention of Corruption Act 1988 replaced the IPC's bribery provisions with stronger provisions including heavier penalties and a presumption of guilt once the taking of a bribe is established. The Supreme Court in P.V. Narasimha Rao v. State (1998) controversially extended legislative immunity to Members of Parliament voting in Parliament, limiting PC Act applicability.

Landmark Precedents

P.V. Narasimha Rao v. State (1998)

AIR 1998 SC 2120
RELEVANCE

Supreme Court extended constitutional immunity to MPs for votes in Parliament even in bribery cases — a controversial 3:2 decision now pending reconsideration.

Practical Scenarios

"A person who dresses as a police officer and demands money from drivers — Section 170 (personating public servant) + Section 384 (extortion)."
"A government official who fails to record an FIR in a case of serious harm — BNS 219 (formerly Section 166A IPC)."

Common Queries

No — Sections 161–165A IPC were repealed. Bribery by and of public servants is now governed by the Prevention of Corruption Act 1988, which has stricter provisions and heavier penalties.
Yes — Section 170 IPC (BNS 229) punishes impersonating a public servant with up to 2 years imprisonment. Combined with extortion charges if money is extracted, the total exposure is significant.