Section 7 PC Act 1988
Definition
Offence of a public servant accepting or attempting to accept any undue advantage (illegal gratification) other than legal remuneration. The substantive offence the trap is designed to prove.
- Statute
- Prevention of Corruption Act 1988, s.7
- Offence
- Public servant accepting undue advantage
- Related test
- Phenolphthalein trap chemistry
- Jurisdiction
- India
Common questions
How does the phenolphthalein trap test relate to proving a Section 7 offence?+
A trap is laid using powder treated with phenolphthalein on currency notes; when the accused's hands turn pink upon exposure to sodium carbonate solution, it corroborates that they touched the treated notes, supporting the bribery charge.
What must the prosecution prove beyond mere possession of tainted money?+
That the public servant demanded or accepted the undue advantage as consideration for performing, or agreeing to perform, an official act improperly, since the provision requires proof of the corrupt link to the official function.
Why is anthrone testing sometimes used alongside phenolphthalein in trap cases?+
Anthrone testing on sodium carbonate washings can detect trace amounts of the marking powder, providing corroborating chemical confirmation where visual pink staining is faint, degraded, or disputed.
Related terms
- Anthrone Test
- Anthrone reagent in concentrated sulphuric acid gives a blue-green colour with sucrose, glucose and other carbohydrates. Used when the bribe is a...
- Form 95 / Sealed PB
- Personal-bag forwarding form used by ACB / CBI to transmit sealed exhibits (tainted notes, hand-wash bottle, panchnama articles) to the State FSL...
- Phenolphthalein Test
- Currency notes or articles are dusted with phenolphthalein powder before the trap. After acceptance, the suspect's right-hand wash in dilute sodium carbonate...
- Sodium Carbonate Hand Wash
- Mildly alkaline (about pH 11) wash solution collected in a sealed glass bottle from the suspect's hand or pocket. Alkalinity is needed...
- Trap Case
- A pre-arranged sting operation under the Prevention of Corruption Act 1988 in which a complainant pays marked tainted money or a marked...