Official Text
“Whoever, being a public servant, grants any license knowing the applicant to be unqualified or ineligible, shall be punished.”
Legal Analysis
Elements to Prove:
- Being public servant.
- Granting license.
- Knowing applicant to be unqualified or ineligible.
Potential Defenses:
- Not a public servant.
- No unqualified applicant.
- Legitimate license granting.
Practical Examples
What Constitutes the Offense:
Government officials granting licenses to unqualified persons, public servants issuing permits to ineligible applicants, officials giving authorizations irregularly.
What Doesn't Constitute:
Legitimate license granting, authorized permits, or lawful authorizations.
Punishment
Imprisonment up to 2 years, or Fine, or both