202. 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 or with community service.
IPC Section 168 in BNS: Section 202
Public servant unlawfully engaging in trade
Section 168 of the Indian Penal Code, 1860 (Public servant unlawfully engaging in trade) corresponds to Section 202 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 202 is non-cognizable, bailable, triable by Magistrate of the first class; punishment: Simple imprisonment for 1 year, or fine, or both, or community service.
Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 202 | Public servant unlawfully engaging in trade. | Simple imprisonment for 1 year, or fine, or both, or community service. | Non-cognizable | Bailable | Magistrate of the first class |
Source: BNSS, 2023, First Schedule, Part I.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 202
Full BNS Section 202 and every IPC section it replaced →
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