Bribe - Definition - Law Dictionary Home Dictionary Definition bribe

Definition :

Bribe, a fit to any person in office or holding a position of trust, with the object of inducing him to disregard his official duty or betray his trust for the benefit of the giver. It is a misdemeanour at common law for a public officer, whether judicial or ministerial, to accept a bribe, or for such an officer to conspire with others that he shall receive such a bribe, Rex v. Whitaker, (1914) 3 KB 1283. It has long been settled law that the secret profits of an agent belong to his principal: see De Busche v. Alt, (1878) 8 Ch D 286. The acceptance of a secret commission from the other side to a negotiation justifies the dismissal of the agent receiving it, Boston Deep Sea Fishery v. Ansell, (1888) 39 Ch D 339. The bribery of an agent avoids a contract: see Shipway v. Broadwood, (1899) 1 QB 369, where a veterinary surgeon employed to test horses by the purchaser had passed them after acceptance of a bribe from the seller. In such a case it is an immaterial inquiry to what extent the bribe or the offer of it influenced the person to whom it was given or made: ibid., p. 373, per Chitty, LJ The corrupt giving to or acceptance by any agent of any gift or consideration for doing or fore-bearing to do any act in relation to his principal's affairs or business is a misdemeanour punishable by fine or imprisonment or both [the (English) Prevention of Corruption Acts, 1906 and 1916; and see the Prevention of Corruption Order, 1918, No. 321]. See also (English) the Public Bodies Corrupt Practices Act, 1889, which is directed against the bribery and corruption of members, officers, and servants of public bodies.

A right to vote for a candidate for election to the House of Commons being deemed a trust as well, it has been provided [(English) Corrupt Practices Prevention Act, 1854 (17 & 18 Vict. c. 102)] [see also (English) Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51)] that to procure or to endeavour to procure any money or valuable consideration to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce any voter to vote or refrain from voting, or corruptly to do any such act as aforesaid on account of such voter having voted or refrained from voting at any parliamentary election, is bribery punishable by heavy penalties; and this definition is applied to municipal and other local elections by the (English) Municipal Elections (Corrupt and Illegal Practices) Act, 1884; to county council elections by s. 75 of the (English) Local Government Act, 1888; and to parish and district council elections by s. 48(3) of the (English) Local Government Act, 1894. See (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 40. See CORRUPT PRACTICES.

The (English) Extradition Act, 1906 (6 Edw. 7, c. 15), (see EXTRADITION), adds bribery to the list of extradition crimes.

The (English) Honours (Prevention of Abuses) Act, 1925 (15 & 16 Geo. 5, c. 72), makes illegal any gift of money to assist in securing a title of a dignity or of honour.

A price, reward, gift, or favor bestowed or promised with a view to pervert the judgment at or influence the action of a person in a position of trust; Black's Law Dictionary, 7th Edn.

Bribe, is a profit or benefit received by the agent from the third person with whom the agent is dealing on his principal's behalf without the knowledge or consent of the principal or which was no contemplated by the principal at the creation of the agency, Halsbury's Laws of England, Vol. 1(2), 4th Edn., Para 107, p. 76.

Means a benefit (as money) given, promised, or offered in order to influence the judgment or conduct of a person in a position of trust (as an official or witness), Webster's Dictionary of Law, Indian Edn. (2005), p. 60.