Public servant unlawfully engaging in trade
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Summary
A public servant who is legally forbidden from carrying on trade but does so commits an offence. It applies when service rules or official duties bar private trading while in office. Punishment is simple imprisonment for up to one year, or a fine, or both.
Example
Priya is a clerical officer in a municipal office whose service rules forbid her from running a private shop. She starts selling clothes online while still in service. Under this rule she can be prosecuted and punished with simple imprisonment up to one year, or with a fine, or both.
Bare Act
Enacted textWhoever, being a public servant, and being legally bound as such public servant not to engages 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.
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