Official Text
“Whoever, being a public servant, and being legally bound as such public servant not to accept gifts, accepts gifts, shall be punished.”
Legal Analysis
Elements to Prove:
- Being public servant.
- Legally bound not to accept gifts.
- Accepting gifts.
Potential Defenses:
- Not a public servant.
- No gift restriction.
- Authorized gift acceptance.
Practical Examples
What Constitutes the Offense:
Government officials accepting prohibited gifts, public servants taking unauthorized presents, officials violating gift restrictions.
What Doesn't Constitute:
Authorized gifts, legitimate presents, or lawful acceptance.
Punishment
Imprisonment up to 1 year, or Fine, or both