Whoever, being a public servant, and being legally bound as such public servant not to engages 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.
IPC Section 168: Simplified Explanation
IPC Section 168 of the Indian Penal Code (IPC) addresses the offence of a public servant unlawfully engaging in trade. This section prohibits any public servant from engaging in trade or being involved in any business transaction within the area of their official duties or in a matter which they are required to supervise or manage. The purpose of this law is to prevent conflicts of interest and ensure that public servants remain focused on their duties without being influenced by personal financial interests.
Is IPC Section 168 bailable?
IPC Section 168 is a bailable offence. This means that a person accused under this section has the right to be released on bail after arrest, either on their bond or with sureties.
IPC Section 168 Punishment
The punishment for an offence under IPC Section 167 is significant. It entails imprisonment of either description for a term that can extend up to three years or a fine or both. This stringent penalty underscores the gravity of the offence and the legal system’s commitment to maintaining the integrity of official documents.
Example of IPC Section 168
A real-life example of IPC Section 168 occurred when a government officer responsible for regulating and inspecting pharmaceuticals was found to be a silent partner in a pharmacy. The department the officer worked in regularly inspected and certified this pharmacy. This dual role created a clear conflict of interest, leading to charges under IPC Section 168 against the officer for engaging in trade connected with their official responsibilities.
