Official Text
“Whoever, being a public servant, grants or causes to be granted any contract or license to any person in violation of rules or procedures, shall be punished.”
Legal Analysis
Elements to Prove:
- Being public servant.
- Granting contract or license.
- In violation of rules or procedures.
Potential Defenses:
- Not a public servant.
- No violation of rules.
- Authorized exception.
Practical Examples
What Constitutes the Offense:
Government officials awarding contracts without proper procedure, public servants bypassing tender processes, officials granting licenses irregularly.
What Doesn't Constitute:
Emergency contracts, authorized exceptions, or lawful contract granting.
Punishment
Imprisonment up to 3 years, or Fine, or both