The Nexus Between Gratification and Duty In the Law of Corruption

Abstract

There are really two major issues in the law of corruption – whether there is a duty which is protected by the criminal law; and if so, whether the giving or acceptance of gratification sufficiently endangers fidelity to that duty. This article explores the second issue in the context of several interesting cases in recent years which have had to deal with fact situations which vary from the core corruption paradigm – gifts to sweeten the relationship; gifts for doing what one is duty bound to do anyway; gifts given innocently out of custom or with the consent of the principal. The article argues that while there are no easy answers to these questions, the position taken with respect to official corruption need not be the same as the one taken for non-official corruption.