Section 175 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 175 – Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Title/Essence
Penalty for Misuse of Government Property or Facilities
1. Purpose of Section 175
Section 175 of the BNSS, 2023 deals with the criminal liability for misuse, unauthorized access, or wrongful appropriation of government property or facilities.
Its main aim is to:
Protect government property, equipment, and resources from unauthorized use
Prevent public servants or private individuals from using official facilities for personal gain or malicious purposes
Ensure proper functioning and accountability in public administration
2. Key Provisions
Section 175 lays down the following key points:
Whoever intentionally uses or misappropriates government property, equipment, or facilities without proper authorization is punishable.
The law applies to:
Government officials
Contractors or private persons entrusted with government property
Anyone who unlawfully gains access to restricted government resources
The misuse includes:
Using property for personal benefit
Selling, destroying, or damaging government property
Unauthorized access to government IT systems, databases, or records
Using official facilities to commit a separate criminal offence
3. Ingredients of the Offence
To establish a violation under Section 175, the following elements must be proved:
Government Property/Facility: The property, asset, or resource belongs to the government.
Unauthorized Use: The accused had no lawful right or permission to use it.
Intent or Knowledge: The accused intentionally or knowingly misused the property.
Resulting Damage or Potential Harm: Either actual harm or potential misuse that could disrupt public services.
4. Punishment
The punishment under Section 175 depends on the severity of misuse:
Imprisonment: Up to 3 years for intentional misuse
Fine: Monetary penalty proportionate to the value of misused or damaged property
Both: Imprisonment and fine may apply in severe cases
Additional consequences may include:
Disqualification from holding government office
Confiscation or restitution of the misused property
5. Illustrative Examples
Example 1:
A government employee uses official vehicles for personal errands without permission.
➡ Punishable under Section 175.
Example 2:
A contractor entrusted with government equipment sells it for private profit.
➡ Punishable under Section 175.
Example 3:
A person hacks a government database and accesses restricted information for personal gain.
➡ Punishable under Section 175, as it involves unauthorized use of government facilities.
6. Important Legal Principles
Intent is crucial: Accidental misuse or negligent handling may not attract the full penalty.
Scope: Applies to both tangible (vehicles, equipment) and intangible (data, IT systems) government resources.
Culpability of third parties: Even contractors or private persons misusing government property are liable.
7. Importance of Section 175
Ensures accountability of public officials and individuals dealing with government property
Protects public resources from theft, corruption, or misuse
Maintains public trust in governmental institutions
8. Summary Table
| Aspect | Details |
|---|---|
| Offence | Misuse of government property or facilities |
| Who is liable | Government officials, contractors, private individuals |
| Elements | Government property, unauthorized use, intent, harm/potential harm |
| Punishment | Imprisonment up to 3 years, fine, or both |
| Examples | Using official vehicles for personal use; selling government equipment; hacking government databases |
| Purpose | Accountability, protection of public resources, preventing corruption |
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