Official Text
“Whoever, being a public servant, approves any plan or proposal knowing it to be defective or non-compliant, shall be punished.”
Legal Analysis
Elements to Prove:
- Being public servant.
- Approving plan or proposal.
- Knowing it to be defective or non-compliant.
Potential Defenses:
- Not a public servant.
- No defective plan.
- Legitimate approval.
Practical Examples
What Constitutes the Offense:
Government officials approving defective building plans, public servants clearing non-compliant proposals, officials sanctioning inadequate projects.
What Doesn't Constitute:
Legitimate plan approval, authorized clearance, or lawful sanctioning.
Punishment
Imprisonment up to 2 years, or Fine, or both