Introduction of BNS 202
BNS Section 202 addresses the issue of public servants unlawfully engaging in trade, which they are legally prohibited from doing due to their official position. The law seeks to maintain the integrity of public office by ensuring that public servants do not exploit their roles for personal financial gain. If a public servant is found guilty of engaging in trade despite these restrictions, they are subject to punishment under this section.
The Bharatiya Nyaya Sanhita (BNS) Section 202 replaces the old Indian Penal Code (IPC) Section 166.
- Introduction of BNS 202
- What is BNS Section 202 ?
- BNS 202 in Simple Points
- Section 202 BNS Overview
- 202 BNS Punishment
- BNS 202 bailable or not ?
- Bharatiya Nyaya Sanhita Section 202
- BNS Section 202 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 202 ?
BNS Section 202 prohibits public servants from engaging in any form of trade or business, as they are legally bound to avoid conflicts of interest due to their official responsibilities. If they violate this rule and engage in trade, they can be punished with imprisonment, a fine, or both. The section is designed to prevent the misuse of public office for personal gain.

BNS 202 in Simple Points
- Public Servants and Trade Prohibition
Public servants, by virtue of their position, are restricted from engaging in any trade or business that could conflict with their official duties. This ensures that their public responsibilities are not compromised by personal financial interests. - Unlawful Engagement in Trade
If a public servant disregards this legal obligation and engages in trade, whether directly or indirectly, they are acting unlawfully. This could include running a business, owning shares, or any other form of commercial activity. - Punishment for Violation
A public servant who is found to be unlawfully involved in trade can face imprisonment for up to one year, be fined, or be subjected to both penalties. The punishment reflects the seriousness of the offense in protecting the integrity of public office. - Non-Cognizable Offense
The offense under BNS Section 202 is non-cognizable, which means the police cannot arrest the accused public servant without a warrant. A formal complaint is required before any legal action is initiated. - Bailable Offense
BNS Section 202 is classified as bailable, meaning that the accused public servant has the right to seek bail, and there is no immediate detention while awaiting trial.
Section 202 BNS Overview
BNS Section 202 deals with the issue of public servants engaging in trade or business, which they are prohibited from doing because of their official roles. The section ensures that public servants remain dedicated to their duties without personal financial interests conflicting with their public office responsibilities. If a public servant engages in trade unlawfully, they can be punished with imprisonment, a fine, or both.
10 Key Points of BNS Section 202:
- Prohibition on Trade for Public Servants: Public servants are legally restricted from engaging in any form of trade or business. This restriction exists to prevent conflicts of interest where the public servant’s private business may interfere with their public duties.
- Violation of Legal Duty: If a public servant violates their duty by engaging in trade or commercial activity, they are considered to have broken the law under BNS Section 202. This violation undermines public trust and accountability.
- Focus on Integrity of Public Office: The purpose of this law is to protect the integrity of the public office. Public servants hold positions of power and trust, and engaging in trade could lead to corruption or favoritism in their official responsibilities.
- Punishment for Engaging in Trade: The section prescribes simple imprisonment of up to one year for any public servant who violates the provision. This reflects the seriousness of maintaining the integrity of the public office.
- Fine or Community Service as Alternative Punishment: In addition to or instead of imprisonment, the court may impose a fine on the guilty public servant. The court may also choose to assign community service, depending on the severity of the violation.
- Non-Cognizable Offense: A violation of BNS Section 202 is classified as a non-cognizable offense, meaning that the police cannot arrest the public servant without a warrant. Formal legal proceedings are required before any action can be taken.
- Bailable Offense: The section is categorized as a bailable offense, meaning that the accused public servant can seek bail. This allows them to remain free during the legal proceedings.
- Tried by a Magistrate: Cases involving violations of BNS Section 202 are tried by a Magistrate of the first class, reflecting the relatively lower severity of the offense compared to other crimes.
- Non-Compoundable Offense: BNS Section 202 is non-compoundable, meaning that the case cannot be privately settled between the parties. The legal process must be followed to resolve the issue in court.
- Legal Obligation of Public Servants: This law reinforces the fact that public servants are bound by their roles to focus entirely on their official duties. Engaging in trade compromises the quality and objectivity of their public service, which is why the law imposes such restrictions.
Examples of BNS Section 202:
- Example 1: A government officer who is legally prohibited from engaging in private business secretly opens a trading company while still holding their public office. When it is discovered that the officer has been profiting from this trade while making decisions that affect the market, they are charged under BNS Section 202 for unlawfully engaging in trade.
- Example 2: A public servant responsible for issuing licenses to local vendors also owns a private business selling goods to the same vendors. This creates a conflict of interest. When it is revealed, the public servant is charged under BNS Section 202 for engaging in a trade that contradicts their legal obligations as a public servant.
202 BNS Punishment
- Imprisonment
A public servant found guilty under BNS Section 202 may face simple imprisonment for a term that can extend up to one year, depending on the severity of the offense and any conflict of interest involved. - Fine: In addition to or instead of imprisonment, the guilty public servant may be fined. Alternatively, they may be assigned community service as a penalty, based on the discretion of the court.
BNS 202 bailable or not ?
BNS Section 202 is bailable, meaning the public servant accused of unlawfully engaging in trade can apply for and obtain bail, allowing them to remain free while the case proceeds.
Bharatiya Nyaya Sanhita Section 202
Section | Offense | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Compoundable/Non-Compoundable | Court |
---|---|---|---|---|---|---|
BNS 202 | Public servant unlawfully engaging in trade | Simple imprisonment up to 1 year, or fine, or both, or community service | Bailable | Non-Cognizable | Non-Compoundable | Magistrate of the first class |
BNS Section 202 FAQs
What is BNS Section 202?
BNS Section 202 punishes public servants who engage in trade despite being legally bound not to do so due to their public office responsibilities.
What is the maximum imprisonment under BNS Section 202?
The maximum imprisonment for a public servant found guilty under BNS Section 202 is one year.
Can police arrest without a warrant under BNS Section 202?
No, BNS Section 202 is non-cognizable, meaning the police cannot arrest the public servant without a warrant.
Is BNS Section 202 bailable?
Yes, BNS Section 202 is a bailable offense, meaning the accused can apply for bail.
Is BNS Section 202 compoundable?
No, BNS Section 202 is non-compoundable, which means the case cannot be settled privately between the parties and must go through the legal process.
What type of court handles cases under BNS Section 202?
Cases under BNS Section 202 are tried by a Magistrate of the first class.
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