Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
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Summary
When a public servant knowingly ignores legal directions about how to act, with the purpose or likely result of saving someone from legal punishment or preventing property from being forfeited, they commit an offence. It applies where the disobedience is deliberate or likely to have that effect. Penalty: up to two years imprisonment, or fine, or both.
Example
Ravi, a municipal officer, must follow a legal procedure that could lead to an illegal shop extension being removed and its profits liable to forfeiture. He knowingly avoids the procedure to stop the shopkeeper losing the structure and income. Ravi could face up to two years imprisonment, a fine, or both under this section.
Bare Act
Enacted textWhoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
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