If you are stuck in such a situation, here is what to do.

Mr. Sharma, a resident of the city of Alipur, recently retired after a long and dedicated career at a Public Sector Undertaking (PSU). As is standard procedure, his service records underwent a final audit before the disbursement of his retirement benefits, including his provident fund and gratuity. The audit was completed successfully, with all records found to be in order. However, the process has hit a roadblock. The final signature required to release the file rests with Mr. Verma, an officer in the audit department. Mr. Verma is demanding a payment of ₹50,000 to sign the documents and move the file forward. Mr. Sharma and his son, Rohan, are unwilling to pay the bribe and are seeking advice on the legal recourse available to them to ensure Mr. Sharma receives his rightful dues without succumbing to corruption.

Advice in such cases

Facing a demand for a bribe, especially when it concerns your hard-earned retirement funds, can be distressing. It is crucial to handle the situation calmly and strategically.

• Under no circumstances should you pay the bribe. Paying it not only encourages corruption but also makes you a party to an illegal act.
• Do not engage in heated arguments or confrontations with the official. Maintain a calm demeanor in all interactions.
• If possible, try to create a record of the demand. Modern technology allows for discreet audio or video recordings, which can serve as powerful evidence. However, this must be done carefully and under legal guidance.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The primary legislation that deals with such offenses is the Prevention of Corruption Act, 1988. The new criminal laws, namely the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS), will govern the procedural aspects, but the substantive law for corruption remains the PC Act.

• Section 7 of the Prevention of Corruption Act, 1988: This is the key section applicable here. It penalizes any public servant who obtains, accepts, or attempts to obtain from any person an undue advantage with the intention to perform or cause performance of a public duty improperly or dishonestly. The punishment for this offense is imprisonment for a term which shall not be less than three years but which may extend to seven years, and also a fine.

If you are the complainant

As the person from whom the bribe is being demanded, you are the complainant. Your role is pivotal in bringing the corrupt official to justice.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Your primary point of contact should be the state’s Anti-Corruption Bureau (ACB) or the Vigilance Department. If the official is a central government employee, the complaint would lie with the Central Bureau of Investigation (CBI).
• You will need to file a formal written complaint detailing the official’s name, designation, the specifics of the demand (amount, purpose), and the date and time of the demand.
• The ACB/CBI will likely advise you to arrange a “trap.” This involves you agreeing to pay the bribe, but with currency that has been treated with phenolphthalein powder and whose serial numbers have been recorded. The entire operation is conducted under the supervision of the anti-corruption officials and independent witnesses.
• Follow the instructions of the agency meticulously. Your cooperation is key to a successful trap operation.

If you are the victim

As the victim of an act of corruption, your objective is to get your work done without giving in to the illegal demand. The process is designed to protect you.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Preserve any evidence you may have, such as call records, text messages, or any other communication where the demand was made or hinted at.
• Do not show the official that you are planning to report them. Act as if you are considering the demand, as this will be crucial for setting up a successful trap.
• Trust the process. Anti-corruption agencies are experienced in these matters and will guide you through each step while ensuring your safety and confidentiality.

How the police behave in such cases

It is important to note that these cases are not handled by the local police station but by specialized agencies like the ACB or CBI. Their approach is very different and far more professional.

• These agencies operate with a high degree of secrecy to ensure the success of the trap.
• They are trained to handle such situations and will provide you with the necessary equipment (like a hidden recorder) and instructions on how to interact with the accused official.
• They will arrange for independent government employees to act as witnesses (panchas) to ensure the credibility and fairness of the operation.
• The agency’s primary goal is to catch the official red-handed while accepting the bribe, which forms the strongest possible evidence for conviction.

FAQs people normally have

It is natural to have questions and fears when taking on a corrupt official. Here are some common concerns:

• Will I get into trouble for reporting this? No. You are acting as a law-abiding citizen and a complainant. The law protects whistleblowers and complainants in corruption cases.
• What if the official finds out and harms my case or me? Once a successful trap is laid, the official is immediately arrested or suspended, neutralizing their power to harm your case. The agency will take all necessary precautions for your safety.
• Is an audio or video recording enough evidence on its own? While a recording is very strong corroborative evidence, the “trap” itself is the primary evidence in the eyes of the law. The physical recovery of the treated currency from the accused after a positive chemical test (the phenolphthalein test) is considered conclusive proof of acceptance.

What evidence is required?

To build a strong case that will stand up in court, the prosecution will rely on a chain of evidence, including:

• Your detailed, written complaint.
• The pre-trap memorandum (Panchnama) recording the serial numbers of the currency notes and the application of the chemical powder.
• The testimony of the independent witnesses who accompany you during the trap.
• Audio/video evidence of the conversation where the bribe is demanded and accepted.
• The post-trap memorandum, detailing the recovery of the tainted money from the accused.
• The result of the chemical test (the official’s hands turning pink when washed in a sodium carbonate solution), which proves they handled the treated currency.

How long will the investigation take?

The immediate process of laying a trap can be executed quite quickly, often within a few days of filing the complaint. Once the trap is successful and the official is caught, your pending file will typically be cleared by their superiors or a replacement official.

However, the subsequent legal process, including the full investigation, filing of the chargesheet, and the court trial, can be lengthy, often taking several years to conclude. But your immediate objective—getting your retirement file cleared—is usually achieved as a direct result of the successful trap operation.

Advocate Sudhir Rao, Supreme Court of India