Official Text
“Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished.”
Legal Analysis
Elements to Prove:
- Being public servant.
- Legally bound not to trade.
- Engaging in trade.
Potential Defenses:
- Not a public servant.
- No trade restriction.
- Authorized trading.
Practical Examples
What Constitutes the Offense:
Government officials running businesses, public servants engaging in commercial activities, officials violating trade restrictions.
What Doesn't Constitute:
Authorized business activities, legitimate investments, or lawful trading.
Punishment
Imprisonment up to 1 year, or Fine, or both