Legal provisions regarding Public servant unlawfully engaging in trade under section 168 of Indian Penal Code, 1860.
Public servant unlawfully engaging in trade:
Section 168 punishes those public servants who are legally bound not to engage in trade. If public servants are allowed to engage in trade they would not be able to devote their undivided attention to their official work. Moreover they may take unfair advantage over other traders of their official position for the advancement of their trade.
ADVERTISEMENTS:
The word ‘trade’ covers every kind of trade, business, profession, occupation calling and industry. Trade in its narrow sense means “exchange of goods for goods or for money with the object of making profit” and in its widest sense means “any business with a view to earn profit”.
The work of preparing plans and estimates is a trade. Lending money on interest does not amount to ‘unlawfully engaging in trade’ within the meaning of Section 168. Engaging oneself as an agent of an insurance company on commission basis does not amount to engaging in trade.
The offence under Section 168 is non-cognizable and summons must ordinarily issue in the first instance. It is bailable but not compoundable and is triable by a Magistrate of first class.