What is Section 168 IPC? Public servant unlawfully engaging in trade
Published on: Lawiz Team
Detailed explanation of Section 168 IPC: Public servant unlawfully engaging in trade.
Official Legal Text
Whoever, being a public servant, and being legally bound, as such public servant, not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 168 punishes any public servant who engages in trade or business while holding a public office.
Purpose
To prevent conflicts of interest and ensure public servants remain impartial.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 year, or fine, or both.
Key Elements
The public servant must engage in trade or business, which they are legally prohibited from doing.
Punishment Details
Simple imprisonment for a term which may extend to one year, or with fine, or with both.
Legal Defenses
If the public servant can prove they were authorized to engage in the trade.
Judicial Interpretation
Courts focus on whether the trade was directly connected to the public servant’s official position.
Illustration
If a tax officer starts a business that involves advising taxpayers, they can be punished under Section 168.
FAQs
What does Section 168 IPC define?
Public servant unlawfully engaging in trade.
Where is Section 168 IPC applicable?
It deals with public servant unlawfully engaging in trade in public service or criminal situations.
Why is Section 168 IPC significant?
It protects public order, honesty in administration, and discourages criminal misconduct.
Give a real-world example involving Section 168 IPC.
Examples include public servants accepting bribes, unlawful assemblies, and misuse of official positions.
What punishment is applicable under Section 168 IPC?
Punishment varies from fines to imprisonment based on the offence's seriousness.
Is Section 168 IPC related to other provisions?
Yes, often linked with sections involving corruption, unlawful acts, or government integrity.
How do courts view Section 168 IPC?
Courts interpret it strictly to ensure justice, accountability, and safeguard public trust.