BNS Section 217 - Public Servant Unlawfully Transferring Property

Whoever, being a public servant, transfers or causes to be transferred any public property in violation of rules or procedures, shall be punished.

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Bailable, Cognizable

Official Text

“Whoever, being a public servant, transfers or causes to be transferred any public property in violation of rules or procedures, shall be punished.”

Legal Analysis

Elements to Prove:

  • Being public servant.
  • Transferring public property.
  • In violation of rules or procedures.

Potential Defenses:

  • Not a public servant.
  • No violation of rules.
  • Authorized transfer.

Practical Examples

What Constitutes the Offense:

Government officials selling public assets irregularly, public servants transferring property without authorization, officials disposing of public property unlawfully.

What Doesn't Constitute:

Authorized sales, legitimate transfers, or lawful disposal.

Punishment

Imprisonment up to 3 years, or Fine, or both

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