A public servant accepts a festival gift from a contractor whose file is pending before him. What is the most accurate legal position according to the PC Act?

Q: Answer-A public servant accepts a festival gift from a contractor whose file is pending before him. What is...

The term undue advantage under the PC Act includes any gratification other than legal remuneration, irrespective of its form or value. A gift given by a contractor whose matter is pending before a public servant can amount to undue advantage if it has a nexus with the official act. The Act does not recognise blanket exemptions for festival gifts or customary offerings. The decisive factor is the connection between the benefit and the performance of public duty, not the label attached to the gift.

A Festival gifts are automatically exempt Correct Incorrect

B This can amount to undue advantage Correct Incorrect

C It is legal unless value exceeds ₹10,000 Correct Incorrect

D It becomes undue advantage only on demand Correct Incorrect

E No offence unless gift includes cash Correct Incorrect

Detailed Solution

The term “undue advantage” under the PC Act includes any gratification other than legal remuneration, irrespective of its form or value. A gift given by a contractor whose matter is pending before a public servant can amount to undue advantage if it has a nexus with the official act. The Act does not recognise blanket exemptions for festival gifts or customary offerings. The decisive factor is the connection between the benefit and the performance of public duty, not the label attached to the gift.

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A public servant accepts a festival gift from a contractor whose file is pending before him. What is the most accurate legal position according to the PC Act?

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