Official Text
“Whoever, being a public servant, unlawfully delegates or transfers his authority to any person not authorized to exercise such authority, shall be punished.”
Legal Analysis
Elements to Prove:
- Being public servant.
- Unlawfully delegating authority.
- To unauthorized person.
Potential Defenses:
- Not a public servant.
- No unlawful delegation.
- Authorized delegation.
Practical Examples
What Constitutes the Offense:
Government officials giving authority to unauthorized persons, public servants delegating powers unlawfully, officials transferring responsibilities irregularly.
What Doesn't Constitute:
Authorized delegation, legitimate transfers, or lawful sharing of authority.
Punishment
Imprisonment up to 2 years, or Fine, or both