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