Official Text
“Whoever, being a public servant, shows undue favor or disfavor to any person in the discharge of his official functions, shall be punished.”
Legal Analysis
Elements to Prove:
- Being public servant.
- Showing undue favor or disfavor.
- In discharge of official functions.
Potential Defenses:
- Not a public servant.
- No undue favor or disfavor.
- Legitimate official action.
Practical Examples
What Constitutes the Offense:
Government officials showing bias in decisions, public servants favoring relatives, officials discriminating against certain persons.
What Doesn't Constitute:
Merit-based decisions, legitimate preferences, or lawful discretion.
Punishment
Imprisonment up to 2 years, or Fine, or both