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

Mr Joshi, a public servant in a state licensing office, accepts a gift of jewellery without paying any consideration from Anand Traders, a firm whose licence application is pending before his office. Which provision of the Prevention of Corruption Act, 1988 squarely applies to Mr Joshi, and what is the minimum term of imprisonment?

Section 11 applies because a public servant accepted an undue advantage without consideration from a person concerned in business before him. The punishment is imprisonment of not less than six months, extendable to five years, and he is also liable to fine.

  1. ASection 11; not less than six months, extendable to five years, with liability to fineCorrect
  2. BSection 11; not less than one year, extendable to ten years
  3. CSection 9; fine only, as he is a commercial organisation
  4. DSection 11; fine only, with no imprisonment

Explanation

Section 11 covers a public servant who accepts an undue advantage without consideration from a person concerned in business transacted by him. Punishment is imprisonment of not less than six months, extendable to five years, and also fine. Section 9 deals with commercial organisations, not public servants.

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