BNS Section 218 - Public Servant Unlawfully Allocating Resources

Whoever, being a public servant, allocates or causes to be allocated any public resources in violation of rules or procedures, shall be punished.

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Bailable, Cognizable

Official Text

Whoever, being a public servant, allocates or causes to be allocated any public resources in violation of rules or procedures, shall be punished.

Legal Analysis

Elements to Prove:

  • Being public servant.
  • Allocating public resources.
  • In violation of rules or procedures.

Potential Defenses:

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

Practical Examples

What Constitutes the Offense:

Government officials allocating funds irregularly, public servants distributing resources unfairly, officials misusing public resources.

What Doesn't Constitute:

Emergency allocations, authorized exceptions, or lawful distribution.

Punishment

Imprisonment up to 2 years, or Fine, or both