Section 162
Section 162 of the Indian Penal Code, 1860. Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s. 31.
Section 162, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
No provision of the Bharatiya Nyaya Sanhita is textually close to this one. No close match found
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 6
- Central Provinces Court of Wards Act s. 19 Liabilities, etc., of managers and other servants of Court of Wards
- Code of Criminal Procedure s. 484 Repeal and savings
- Indian Telegraph Act s. 31 Bribery
- Indian Telegraph Act, 1885 (Central Act 13 of 1885) s. 31 Bribery
- Kerala Court of Wards Act, 1967 (President's Act No.3 of 1967) s. 63 Repeal
- Tamil Nadu Court of Wards Act s. 30
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ashok Kumar vs Stat Thr. Cb.i.
Court's Decision & Legal Precedent
In a trap case involving bribery, where the evidence on record clearly establishes that it was the public servants themselves who demanded the illegal gratification and negotiated its reduction with the complainant, charges under Section 162 IPC cannot be framed against an intermediary or third party in a manner that misrepresents their role as if they were the ones negotiating and receiving the amount on behalf of the public servants. The charge framing must be consistent with the material and factual matrix on record, and prior Court orders indicating the wisdom of reconsidering proceedings must be considered by the Special Judge before framing charges.
On this section: Section 162 IPC pertains to bribery or gratification to public servants. The Court examined whether the charge framing under this section was appropriate given that the evidence showed the Customs Inspectors themselves had demanded and negotiated the bribe amount, not the petitioner.
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D.sampath vs Inspector of Police
Court's Decision & Legal Precedent
A private individual can be prosecuted under Section 8 of the Prevention of Corruption Act for accepting gratification from a public servant to influence another public servant. The status of the bribe-giver (whether public servant or private person) is immaterial under Section 8 PC Act. What is relevant is whether the gratification was received by the accused to induce a public servant to do or forbear to do any official act. A private person can be the sole accused in a Section 8 PC Act case without a public servant being named as co-accused. The word 'person' in Section 8 PC Act includes public servants, as the act of giving bribe is not an official duty and therefore a public servant giving bribe acts as a private person.
On this section: Omitted provision corresponding to Section 8 PC Act - cited to show that Section 162 IPC was omitted and incorporated with modifications as Section 8 PC Act
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 162
What have the courts held on Section 162 of the Indian Penal Code?
Ashok Kumar vs Stat Thr. Cb.i. (11 Aug 2005) is the leading judgment on this section among those set out below: Section 162 IPC pertains to bribery or gratification to public servants. The Court examined whether the charge framing under this section was appropriate given that the evidence showed the Customs Inspectors themselves had demanded and negotiated the bribe amount, not the petitioner. Another 1 judgment on this section is set out below. They run from 2005 to 2016.
How do I find court cases under Section 162 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 162, section 162 IPC, section 162 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Ashok Kumar vs Stat Thr. Cb.i. (11 Aug 2005).
What should I read with Section 162 of the Indian Penal Code, and has it changed?
6 other provisions in this corpus refer back to it.
When did Section 162 of the Indian Penal Code come into force?
Section 162 of the Indian Penal Code, cited as IPC 162, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.