Official Text
“Whoever, being a public servant, unlawfully refuses to perform any official duty which he is legally bound to perform, shall be punished.”
Legal Analysis
Elements to Prove:
- Being public servant.
- Unlawfully refusing to perform duty.
- Legally bound to perform such duty.
Potential Defenses:
- Not a public servant.
- No unlawful refusal.
- Lawful grounds for refusal.
Practical Examples
What Constitutes the Offense:
Government officials refusing to issue certificates, public servants declining to perform duties, officials unlawfully rejecting applications.
What Doesn't Constitute:
Lawful refusals, legitimate denials, or authorized rejections.
Punishment
Imprisonment up to 1 year, or Fine, or both