IPC 222 vs BNS 222
● Retained in BNSPublic servant unlawfully engaging in trade while in office
Section 222 of the Indian Penal Code, 1860, addresses the offence committed by public servants who unlawfully engage in trade, business, or profession while holding office, contrary to legal restrictions. This provision ensures that public officials perform their duties impartially and do not exploit their position for personal profit.
Key aspects:
-
Only public servants are liable.
-
The act involves engaging in trade or business prohibited by law for officials.
-
Punishment: Imprisonment up to 1 year, or fine, or both.
Example: A government officer running a private import-export business while overseeing customs duties. IPC 222 maintains ethical standards in public service and prevents conflicts of interest that could undermine public trust.
Public servant unlawfully engaging in trade while in office
Section 222 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 222. It punishes public servants who knowingly engage in trade or business activities prohibited during office, intending personal gain.
Key aspects:
-
Applies exclusively to public officials.
-
Punishment remains: Imprisonment up to 1 year, or fine, or both.
-
Example: A municipal official running a private construction consultancy while supervising public construction projects.
BNS 222 reinforces transparency, accountability, and ethical conduct in public administration, ensuring officials do not misuse their office for private gain.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 222 to BNS BNS 222.