Bailabel Type : bailable

Description

Introduction

Public servants are expected to remain impartial and dedicated to their official duties. If a public servant engages in trade, business, or commerce for personal gain while holding office, they can be punished under Section 168 IPC.

This law ensures that government officials do not misuse their position for financial benefit or create conflicts of interest by engaging in private trade.

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Key Elements of Section 168 IPC

1. The Accused Must Be a Public Servant –

   • The person must be employed in a government office or hold a public position.
   • Example: A magistrate, police officer, or tax official.

2. The Public Servant Must Have Engaged in Trade or Business –

   • The person must have directly or indirectly participated in commerce, business, or trade.
   • Example: A government officer running a private construction company.

3. The Trade Must Be Prohibited by Law for That Public Servant –

   • The trade must be one that is legally restricted for public officials.
   • Example: A police officer secretly running a security agency.

For example, if a judge operates a private legal consultancy while in office, they can be punished under Section 168 IPC.

Punishment

Punishment Under Section 168 IPC

• Simple imprisonment for up to 1 year, OR
• Fine, OR
• Both imprisonment and fine