BNS · Section 202 · Chapter XII — OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
Public servant unlawfully engaging in trade
What this section does
Penalises a public servant who, being legally prohibited from engaging in trade by virtue of that office, nonetheless engages in trade.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Simple imprisonment for a term up to 1 year, or fine, or both, or community service.
- Triable by
- Magistrate of First Class
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused is a public servant
- The accused is legally bound as such public servant not to engage in trade
- The accused engaged in trade in violation of that legal prohibition
Old-law correspondence
Derived from IPC s.168.
Read the official text
For the binding statutory text of BNS Section 202, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 202 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.