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

Rohan, a public servant in a municipal licensing office, accepts a free holiday package without paying anything from Desai Builders, a firm whose building plan application is pending before his office. No request was made by Rohan and no bribe for a specific act is proven. Which provision most directly applies to Rohan under the text given?

Section 11 applies to Rohan. A public servant who accepts an undue advantage without consideration from a person he knows to be concerned in business before his office is punishable, and no proof of a specific favour in return is required.

  1. ASection 9, as he is a commercial organisation
  2. BSection 11, as a public servant accepting an undue advantage without consideration from a person concerned in business transacted by himCorrect
  3. CNo provision, because no specific official act in return is proven
  4. DSection 9, because Desai Builders is associated with him

Explanation

Section 11 punishes a public servant who accepts or obtains an undue advantage without consideration, or for inadequate consideration, from a person he knows to be concerned in business transacted by him. A proven quid pro quo is not an element. Section 9 concerns commercial organisations, not public servants, so options A and D are wrong. Punishment is imprisonment of not less than six months, extendable to five years, and fine.

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