Official Text
“Whoever, being a public servant, waives or causes to be waived any requirement or condition in violation of rules or procedures, shall be punished.”
Legal Analysis
Elements to Prove:
- Being public servant.
- Waiving requirement or condition.
- In violation of rules or procedures.
Potential Defenses:
- Not a public servant.
- No violation of rules.
- Authorized waiver.
Practical Examples
What Constitutes the Offense:
Government officials waiving qualifications irregularly, public servants bypassing requirements, officials granting exceptions unlawfully.
What Doesn't Constitute:
Emergency waivers, authorized exceptions, or lawful flexibility.
Punishment
Imprisonment up to 1 year, or Fine, or both