BNS Section 219 - Public Servant Unlawfully Granting Permissions

Whoever, being a public servant, grants or causes to be granted any permission or authorization in violation of rules or procedures, shall be punished.

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Bailable, Cognizable

Official Text

Whoever, being a public servant, grants or causes to be granted any permission or authorization in violation of rules or procedures, shall be punished.

Legal Analysis

Elements to Prove:

  • Being public servant.
  • Granting permission or authorization.
  • In violation of rules or procedures.

Potential Defenses:

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

Practical Examples

What Constitutes the Offense:

Government officials granting permits irregularly, public servants bypassing approval procedures, officials giving unauthorized permissions.

What Doesn't Constitute:

Emergency permissions, authorized exceptions, or lawful approvals.

Punishment

Imprisonment up to 2 years, or Fine, or both