Official Text
“Whoever, being a public servant, uses his official position to obtain any advantage for himself or any other person, shall be punished.”
Legal Analysis
Elements to Prove:
- Being public servant.
- Using official position.
- Obtaining advantage for self or others.
Potential Defenses:
- Not a public servant.
- No advantage obtained.
- Legitimate official action.
Practical Examples
What Constitutes the Offense:
Government officials using position for personal gain, public servants granting favors, officials abusing authority.
What Doesn't Constitute:
Legitimate official actions, authorized benefits, or lawful use of position.
Punishment
Imprisonment up to 3 years, or Fine, or both