BNS Section 212 - Public Servant Unlawfully Disclosing Information

Whoever, being a public servant, discloses any information which he is legally bound not to disclose, shall be punished.

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Bailable, Cognizable

Official Text

Whoever, being a public servant, discloses any information which he is legally bound not to disclose, shall be punished.

Legal Analysis

Elements to Prove:

  • Being public servant.
  • Legally bound not to disclose information.
  • Actual disclosure of information.

Potential Defenses:

  • Not a public servant.
  • No legal obligation to keep secret.
  • Authorized disclosure.

Practical Examples

What Constitutes the Offense:

Government officials leaking confidential information, public servants sharing classified data, officials violating confidentiality agreements.

What Doesn't Constitute:

Authorized disclosures, legitimate whistleblowing, or lawful information sharing.

Punishment

Imprisonment up to 2 years, or Fine, or both