INDIAN KANOON SECTION 168 IPC - Indian Penal Code - Public servant unlawfully engaging in trade
Description
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.
Applicable Offences
Public servant unlawfully engaging in trade Punishment - Simple Imprisonment for 1 Year or Fine or Both This is a Bailable, Non-Cognizable offence and triable by Magistrate First Class
This offence in NOT compoundable.
1.If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.
2.If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court
3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.
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