BNS Section 223 - Public Servant Unlawfully Delaying Actions

Whoever, being a public servant, intentionally delays or causes delay in any official action without reasonable cause, shall be punished.

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Bailable, Cognizable

Official Text

Whoever, being a public servant, intentionally delays or causes delay in any official action without reasonable cause, shall be punished.

Legal Analysis

Elements to Prove:

  • Being public servant.
  • Intentionally delaying action.
  • Without reasonable cause.

Potential Defenses:

  • Not a public servant.
  • No intentional delay.
  • Reasonable cause for delay.

Practical Examples

What Constitutes the Offense:

Government officials intentionally delaying approvals, public servants causing unnecessary delays, officials procrastinating official duties.

What Doesn't Constitute:

Reasonable delays, legitimate processing time, or lawful postponements.

Punishment

Imprisonment up to 1 year, or Fine, or both