VIGILANCE MANUAL VOLUME III - AP Online

560 DECISION - 262
(ii) Element of motive or reward is relevant under
sec. 161 IPC but wholly immaterial under sec. 165
IPC.
(iii) Scope of the two sections dealt with.
(B) P.C. Act, 1988 — Sec. 20
(C) Trap — presumption
Presumption under sec. 4 P.C. Act, 1947
(corresponding to sec. 20 of P.C. Act, 1988) can be
raised at the stage of framing of charge.
R.S. Nayak vs. A.R. Antulay,
AIR 1986 SC 2045
The Supreme Court held that on its plain terms sec. 165 IPC
is wider than sec. 161 IPC (corresponding to secs.11 and 7 of P.C.
Act, 1988). An act of corruption not falling within sec. 161 may yet
come within the wide terms of sec. 165. What sec. 161 envisages is
that any gratification other than legal remuneration should have been
accepted or obtained or agreed to be accepted or attempted to be
obtained by the accused for himself or for any other person as a
motive or reward for doing or forbearing to do any official act or for
showing of forbearing to show, in the exercise of his official function,
favour or disfavour to any person, or for rendering or attempting to
render any service or disservice to any person, while sec. 165 does
not require taking of gratification as a motive or reward for any specific
official action, favour or service but strikes at obtaining by a public
servant of any valuable thing 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 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 official functions
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. Whereas under sec. 161 it is necessary to establish