Bharatiya Nyaya Sanhita, 2023
BNS Section 202
Public servant unlawfully engaging in trade
In one line
BNS Section 202 deals with public servant unlawfully engaging in trade and replaces IPC 168.
Punishment, bail and court
| 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: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 202
202. Public servant unlawfully engaging in trade.
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.
What changed from the IPC
- IPC 168 → BNS 202: New punishment of "community service" is added.
Frequently asked
What was BNS Section 202 in the IPC?
BNS Section 202 (Public servant unlawfully engaging in trade) replaces Section 168 of the Indian Penal Code, 1860. IPC 168 is now BNS 202.
What is the punishment under BNS 202?
Public servant unlawfully engaging in trade – punishable with simple imprisonment for a term which may extend to one year, or with fine, or with both or with community service. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.
Is BNS 202 bailable?
Bailable: BNS 202. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 197 — Imputations, assertions prejudicial to national integration
- BNS 198 — Public servant disobeying law, with intent to cause injury to any person
- BNS 199 — Public servant disobeying direction under law
- BNS 200 — Punishment for non-treatment of victim
- BNS 201 — Public servant framing an incorrect document with intent to cause injury
- BNS 203 — Public servant unlawfully buying or bidding for property
- BNS 204 — Personating a public servant
- BNS 205 — Wearing garb or carrying token used by public servant with fraudulent intent
- BNS 206 — Absconding to avoid service of summons or other proceeding
- BNS 207 — Preventing service of summons or other proceeding, or preventing publication thereof