Section 8: Offence of accepting gratification.

(1) Any person who corruptly-
(a) asks for, receives or obtains any property or benefit of any kind for himself or for any other person; or
(b) agrees or attempts to receive or obtain any property or benefit of any kind for himself or for any other person, on account of-
(i) anything already done or omitted to be done, or for any favour or disfavour already shown to any person by himself in the discharge of his official duties or in relation to any matter connected with the functions, affairs, or business of a Government department, or corporate body or other organisation or institution in which he is serving as an official; or
(ii) anything to be afterwards done or omitted to be done or favour or disfavour to be afterwards shown to any person, by himself in the discharge of his official duties or in relation to any such matter as aforesaid,
is guilty of an offence of Official corruption and is liable to imprisonment for seven (7) years.
(2) If in any proceedings for an offence under this section it is proved that any property or benefit of any kind, or any promise thereof, was received by a public officer, or by some other person at the instance of a public officer from a person-
(a) holding or seeking to obtain a contract, license, permit, employment or anything whatsoever from a Government department, public body or other organisation or institution in which that public officer is serving as such;
(b) concerned, or likely to be concerned, in any proceeding or business transacted, pending or likely to be transacted before or by that public officer or a Government department, public body or other organisation or institution in which that public officer is serving as such; and
(c) acting on behalf of or related to such a person;
the property, benefit or promise shall, unless the contrary is proved, be presumed to have been received corruptly on account of such a past or future act, omission, favour or disfavour as is mentioned in subsection (1) (a) or (b).
(3) In any proceedings for an offence to which subsection (1) (b) is relevant, it shall not be a defence to show that the accused-
(a) did not subsequently do, make or show the act, omission, favour or disfavour in question; or
(b) never intended to do, make or show the act, omission, favour or disfavour.
(4) Without prejudice to subsection (3), where a Police Officer or other public officer whose duties include the prosecution, detection or punishment of offenders is charged with an offence under this section arising from-
(a) the arrest, detention or prosecution of any person for an alleged offence; or
(b) an omission to arrest, detain or prosecute any person for an alleged offence; or
(c) the investigation of an alleged offence,
it shall not be necessary to prove that the accused believed that the offence mentioned in paragraph (a), (b) or (c), or any other offence, had been committed.