Public servant unlawfully engaging in trade
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Summary
A public servant who is legally prohibited from engaging in trade but still carries on trade commits an offence. The punishment can be simple imprisonment for up to one year, or a fine, or both, or community service. It applies whenever the public servant’s official duties or law bar them from doing business.
Example
Priya is a government clerk who runs a small neighbourhood grocery in the evenings, though rules prohibit her from carrying on any business. Under this provision she can be punished with up to one year simple imprisonment, or a fine, or both, or be ordered to do community service.
Bare Act
Enacted textWhoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both or with community service.
BNSS Classification
- Simple imprisonment for 1 year, or fine, or both, or community service.
- Non-cognizable
- Bailable
- Triable by Magistrate of the first class.
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