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CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Business Ethics, Code of Conduct and Anti-Bribery

A public servant, Mr Iyer, accepts a free holiday package from a contractor whom he knows to have a pending bill before his department, giving nothing in return. Which provision does the Prevention of Corruption Act, 1988 apply, and what is the minimum imprisonment?

Section 11 applies. A public servant accepting an undue advantage without consideration from someone he knows is concerned in his official business faces imprisonment of at least six months, extendable to five years, and is also liable to fine. Section 9 targets commercial organisations, not the public servant.

  1. ASection 11; not less than six months, extendable to five years, with fineCorrect
  2. BSection 9; fine only
  3. CSection 11; not less than one year
  4. DSection 9; imprisonment up to six months

Explanation

Section 11 covers a public servant who accepts undue advantage without consideration from a person he knows to be concerned in business transacted by him. Punishment is imprisonment of not less than six months, extending to five years, plus liability to fine. Section 9 concerns commercial organisations, not public servants.

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