Is giving a bribe also a crime? What the law says
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Short answer
Generally yes. Since the 2018 amendment to the Prevention of Corruption Act, 1988, giving a bribe to a public servant is an offence. But a person who was compelled to give it is not liable if they report it to a law enforcement authority within 7 days.
What the law says
Section 8 of the Prevention of Corruption Act, 1988 (as amended in 2018) makes it an offence to give undue advantage to a public servant. The same section carves out an exception: a person compelled to give it is not liable if they report the matter to a law enforcement authority or investigating agency within seven days of giving it.
What that means in practice
| Situation | What it generally means |
|---|---|
| A bribe was asked and you did not pay | You have committed no offence. You can record what happened and complain. |
| You paid because you were compelled | Report to a body such as DVAC within 7 days. Do not delay. |
| You paid voluntarily to speed something up | This may be treated as an offence. |
Frequently asked questions
Counted from which date, the 7 days?
The Act counts seven days from the date of giving the undue advantage. If you are unsure of the date, report at once and take legal advice.
Related guides
Official sources
General information, not legal advice. NoLanjam is not a government body.