Part 2 of 2 of BNS : Part 2 of 2

Explanation using Example

Example 1:

Scenario: A Municipal Commissioner is accused of accepting a bribe to approve a construction project.

Application of the Act:

• According to Section 2(28)(j), a Municipal Commissioner is considered a public servant.
• As a public servant, the Municipal Commissioner is subject to laws that prevent corruption and bribery.
• If found guilty, the Municipal Commissioner could face legal consequences under anti-corruption laws.

Example 2:

Scenario: A company director signs a contract transferring ownership of company assets to another entity.

Application of the Act:

• According to Section 2(26), the term "person" includes any company or association.
• The signed contract is a "valuable security" as defined in Section 2(31) because it creates a legal right to transfer ownership.
• If the transfer is done unlawfully, it could result in "wrongful loss" to the company and "wrongful gain" to the other entity as per Sections 2(36) and 2(37).

Example 3:

Scenario: An Army officer is tasked with preventing illegal logging in a protected forest area.

Application of the Act:

• According to Section 2(28)(a), the Army officer is a public servant.
• The officer's duty to prevent illegal activities falls under Section 2(28)(g), which includes preventing offenses and protecting public resources.
• Failure to perform this duty could result in legal action against the officer for dereliction of duty.

Example 4:

Scenario: A judge is appointed to resolve a property dispute between two parties.

Application of the Act:

• According to Section 2(28)(b), the judge is a public servant.
• The judge's role in adjudicating the dispute is covered under Section 2(28)(b) and (e), which include persons empowered to discharge adjudicatory functions and arbitrators.
• Any bias or misconduct by the judge could lead to le...

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