सं Samvidhan

Indian Penal Code, 1860

Section 161

repealed

Rep. by the Prevention of Corruption Act, 1988

Why this exists

Section 161 originally made it a crime for a public servant to accept money or any other benefit as a reward for doing (or not doing) an official act. As India's approach to fighting corruption evolved, Parliament decided to gather all bribery- and corruption-related offences into one focused statute — the Prevention of Corruption Act, 1988 — instead of leaving them scattered across the IPC. So Section 161, along with related sections like 162-165, was repealed and its subject matter re-enacted in the new Act.

How courts read it

Before its repeal, Section 161 was interpreted often, especially on what counted as 'gratification' and 'official act.' Courts held that even a mere demand or attempt to obtain a bribe, without actual receipt, could attract liability, and that gratification need not be strictly monetary. After the 1988 Act took over, courts have generally read old Section 161 case law as still relevant to interpreting the corresponding provisions of the new law, since the core concepts were carried forward.

Common misconceptions
  • Myth: Section 161 IPC still applies to bribery cases today.
    Fact: It was repealed in 1988; bribery by public servants is now dealt with under the Prevention of Corruption Act, 1988.
  • Myth: Repeal means bribery became legal.
    Fact: Bribery remains a serious crime — only the law defining it moved from the IPC to a dedicated anti-corruption statute.