BNS Section 228 - Public Servant Unlawfully Granting Access

Whoever, being a public servant, grants unauthorized access to official premises or systems, shall be punished.

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Bailable, Cognizable

Official Text

Whoever, being a public servant, grants unauthorized access to official premises or systems, shall be punished.

Legal Analysis

Elements to Prove:

  • Being public servant.
  • Granting unauthorized access.
  • To official premises or systems.

Potential Defenses:

  • Not a public servant.
  • No unauthorized access.
  • Authorized access granted.

Practical Examples

What Constitutes the Offense:

Government officials giving access to unauthorized persons, public servants allowing entry to restricted areas, officials providing system access unlawfully.

What Doesn't Constitute:

Authorized access, legitimate entry, or lawful system access.

Punishment

Imprisonment up to 2 years, or Fine, or both