Public servant obtaining undue advantage, without consideration from person concerned in proceeding or business transacted by such public servant
Section 11 of the Prevention of Corruption Act, 1988 deals with public servant obtaining undue advantage, without consideration from person concerned in proceeding or business transacted by such public servant. Whoever, being a public servant, accepts or obtains or attempts to obtain for himself, or for any other person, any [undue advantage] without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned i The Act came into force on 09 Sep 1988.
11. Public servant obtaining 1[undue advantage], without consideration from person concerned in proceeding or business transacted by such public servant.--Whoever, being a public servant, accepts or obtains 2*** or attempts to obtain for himself, or for any other person, any 1[undue advantage] without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public servant, or having any connection with the 3[official functions or public duty] of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.
Section 11, The Prevention of Corruption Act, 1988 (Act 49 of 1988).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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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State Th. Cbi vs Parmeshwaran Subramani
Court's Decision & Legal Precedent
Section 12 of the Prevention of Corruption Act, 1988, which provides for punishment of abetment of offences under Sections 7 or 11, is not listed in Section 19 of the Act. By virtue of this express omission, the legislature's intention is that previous sanction as required under Section 19 is not necessary for taking cognizance of an offence punishable under Section 12. Courts cannot, through interpretation, read Section 12 into the ambit of Section 19, as this would amount to rewriting the statute. When statutory language is clear and unambiguous, the courts must apply literal interpretation and cannot add words or supply omissions except in cases of clear necessity found within the four corners of the statute itself.
On this section: Principal offence of which abetment is covered under Section 12; explicitly mentioned in Section 19 as requiring sanction
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M. Gopalakrishnan vs State by Addl. S. P. Cbi, Bs&fc Bangalore
Court's Decision & Legal Precedent
A public servant accused of offences like cheating and criminal conspiracy does not qualify for the protection of Section 197 CrPC sanction requirement merely because of his official position. The sanction requirement applies only when: (1) the accused is a public servant removable only by or with sanction of Government, AND (2) the offence was committed while acting or purporting to act in discharge of official duties. For offences like cheating and criminal conspiracy, official status provides only an opportunity for commission, not an integral element of the offence. The question of whether sanction is required can be deferred and decided during or after trial. In the case of a nationalised bank chairman, the Reserve Bank of India (not the Central Government) has removal authority under the Banking Regulation Act, 1949, which prevails over the Nationalised Banks Scheme, 1970.
On this section: Criminal misconduct by public servants, obtaining valuable thing without consideration. Applied to charges of corruption against the appellant and co-accused.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The trial Court, by over-sight, held that it is not an offence under Section 7 of Prevention of Corruption Act and it is only an offence under Section 11 of Prevention of Corruption Act, which does not require the ingredients of demand, acceptance and recovery. The charge against the 1 st respondent is that he received pecuniary advantage in the form of tour package on M/s. Thomas Cook India Ltd. to Malaysia and Singapore for his wife and minor children and also the …
Questions about Section 11
What have the courts held on Section 11 of the Prevention of Corruption Act?
State Th. Cbi vs Parmeshwaran Subramani (11 Sep 2009) is the leading judgment on this section among those set out below: Principal offence of which abetment is covered under Section 12; explicitly mentioned in Section 19 as requiring sanction. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 11 of the Prevention of Corruption Act?
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: PC Act 11, section 11 PC Act, section 11 of the Prevention of Corruption Act. 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 State Th. Cbi vs Parmeshwaran Subramani (11 Sep 2009).
What should I read with Section 11 of the Prevention of Corruption Act, and has it changed?
4 other provisions in this corpus refer back to it.
When did Section 11 of the Prevention of Corruption Act come into force?
Section 11 of the Prevention of Corruption Act, cited as PC Act 11, came into force on 09 Sep 1988, having been enacted on 09 Sep 1988. It is in force as at the date shown on this page.
Other sections of this Act
- 17A. Enquiry or Inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties1666 words
- 19. Previous sanction necessary for prosecution869 words
- 2. Definitions716 words
- 9. Offence relating to bribing a public servant by a commercial organisation532 words
- 6. Power to try summarily374 words
- 5. Procedure and powers of special Judge368 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. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.