How to calculate the imprisonment period for any law.
Querist :
Anonymous
(Querist) 31 March 2011
This query is : Resolved
Section 169. Public servant unlawfully buying or bidding for property
Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated.
Section 168. 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.
Query: If the public servant is convicted under the above mention section(S) than which imprisonment will come or follow whether one year or 2 year or clubbing it i.e. i (1+2) total 3 years imprisoment pls clearly. How to claculate the imprisonment period if the any person is convicted in any section(S) which differs the imprisonment ?
Also if the above situtation is with fine thant what to do ?
Eg: Section 168 says that there is a fine for 5000 Rs. & Imprisonment for 1 year & also convicted under section 169 which says the fine 10000 Rs. & Imprisonment for 2 years than which will prevail ? Whether a fine for 5000 Rs. & Imprisonment for 1 year OR OR OR OR fine 10000 Rs. & Imprisonment for 2 years (CONFUSED).
Help me out.
Thanks.
Raj Kumar Makkad
(Expert) 01 April 2011
As advised earlier no scope for academic discussion in this forum.
