Question
A public servant returns the bribe money after seeing
the police arrive. Effect according to the PC Act?Solution
Under the PC Act, the offence of accepting an undue advantage is complete the moment the public servant accepts or obtains the gratification. Subsequent return of the money, whether voluntary or prompted by fear of detection, does not erase criminal liability. Courts have consistently held that acceptance followed by return does not negate the offence, as the law focuses on the act of acceptance itself, not the duration of possession.
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