Prevention Of Corruption Act | Unsolicited Offer Of Bribe Which Is Refused By Public Servant Constitutes Abetment: Delhi High Court

Justice Neena Bansal Krishna observed,

“The legislative intent behind the PC Act was to consolidate and strengthen the laws against corruption. To hold that an offer of a bribe is not an offence unless it is accepted, would defeat the very purpose of the statute. The act of offering a bribe is a pernicious attempt to corrupt a public servant and the moment the offer is made by giving money it is a completed offence of abetment.”

The observation comes while upholding the conviction of former Delhi Police ASI Tara Dutt for offering ₹50,000 bribe to a judge of the Tis Hazari Courts,­ so as to secure a job (peon at Delhi district courts) for one of the co-accused.

The judge however lodged a complaint, leading to Duut's prosecution and conviction in 2021.

While dealing with his appeat, one of the issues before the Court was whether an unaccepted offer of bribe would constitute an offence.

There has been a notable divergence of opinion on this matter amongst various High Courts.

The High Courts of Kerala, Bombay and Allahabad have held that an attempt to bribe by giving money, without a corresponding demand or acceptance, does not constitute the offence of abetment under S.12 PC Act.

A contrary interpretation has been taken by High Courts of Madhya Pradesh and Madras which held that the offer of a bribe is in itself, a completed offence of abetment, regardless of whether it is demanded or accepted.

The High Court said it concurs with the reasoning of the Madras and Madhya Pradesh High Courts to be in consonance with the sections dealing with abetment and also the Judgements of the Apex Court which, though are under S.165A IPC, but are on this very aspect.

Note: Section 12 of the PC Act is a direct successor to Section 165A of the IPC.

“Needless to emphasize that bribe in tangible form must be offered and mere oral offer with no tangible offering, would not constitute an offence of abetment under S.12 PC Act. It may also be highlighted that the offence of abetment has to be considered from the perspective that it is committed by the person who makes the offer and not the person to whom the offer is made,” the Court said.

Appearance: Mr. Kundan Chandravanshi and Mr. Ravi Kumar, Advocates for Appellant; Mr. Shoaib Haider, APP for State with SI Neeraj P.S. Subzi Mandi.

Case title: Tara Dutt v. State (and connected appeal)

Citation: 2025 LiveLaw (Del) 1583

Case no.: CRL.A.315/2021 (and connected appeal)

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