BNS Section 238 - Public Servant Unlawfully Conducting Inspections

Whoever, being a public servant, conducts any inspection or examination in a negligent or improper manner, shall be punished.

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Bailable, Cognizable

Official Text

Whoever, being a public servant, conducts any inspection or examination in a negligent or improper manner, shall be punished.

Legal Analysis

Elements to Prove:

  • Being public servant.
  • Conducting inspection or examination.
  • In negligent or improper manner.

Potential Defenses:

  • Not a public servant.
  • No negligence.
  • Proper inspection conducted.

Practical Examples

What Constitutes the Offense:

Government officials conducting superficial inspections, public servants performing inadequate examinations, officials carrying out negligent reviews.

What Doesn't Constitute:

Thorough inspections, proper examinations, or diligent reviews.

Punishment

Imprisonment up to 1 year, or Fine, or both