BNS Section 198 – Public servant disobeying law, with intent to cause injury to any person
The Indian Penal Code (IPC) Section – 166
Public Servant Disobeying Law, with Intent to Cause Injury to Any Person
This section criminalizes the actions of public servants who intentionally disobey legal directives in a way that is likely to cause harm to an individual. It holds public servants accountable for misusing their authority, ensuring that they adhere to legal obligations in the performance of their duties.
Key Points
| Aspect | Explanation |
|---|---|
| Scope of the Offense | This section applies to public servants who knowingly disobey legal directions in their official capacity. |
| Disobedience | The public servant must intentionally disobey a legal directive about how they should act in their official role. |
| Intent or Knowledge of Harm | The offense occurs if the public servant either intends to cause harm or knows that their disobedience will likely cause harm to another person. |
| Example Scenario | A public officer (A) who is legally required to seize property to satisfy a court decree in favor of Z, but A intentionally refuses to do so, knowing that it will harm Z, has committed an offense under this section. |
| Punishment | The punishment for disobeying the law with intent to cause injury includes simple imprisonment for up to 1 year, a fine, or both. |
| Cognizable/Non-cognizable | This is a non-cognizable offense, meaning the police cannot arrest the accused without a warrant. |
| Bailable/Non-bailable | The offense is bailable, meaning the accused can seek bail after arrest. |
Punishment for the Offense
| Offense | Punishment | Cognizable or Non-cognizable | Bailable or Non-bailable | By What Court Triable |
|---|---|---|---|---|
| Public servant disobeying direction of law with intent to cause injury | Simple imprisonment for up to 1 year, fine, or both | Non-cognizable | Bailable | Magistrate of the First Class |
Explanation of the Law
- Public Servant:
- The offense applies to individuals who hold a public office and are tasked with performing duties under the law, such as government officials, officers, or employees.
- Disobedience:
- A public servant commits the offense when they knowingly disobey a legal direction that governs their conduct in an official capacity, such as failing to carry out a court order or a directive from their department.
- Intent or Knowledge of Harm:
- The key to this offense is that the public servant either intends to cause harm to someone or knows that their failure to follow the law will likely result in harm to another person. It could be in the form of financial loss, physical injury, or other types of harm.
- Example:
- For example, if a court directs an officer to seize property to satisfy a judgment in favor of an individual, but the officer intentionally disobeys the order, knowing it will harm the individual (e.g., by preventing them from recovering what they are owed), the officer would be guilty of the offense.
- Punishment:
- The punishment for this offense includes simple imprisonment for up to 1 year, a fine, or both. This serves as a deterrent to prevent public servants from abusing their power or failing to carry out their duties properly.
Conclusion
The law ensures that public servants are held accountable for deliberately disobeying legal directions that could harm individuals. It emphasizes that public servants must act within the law and perform their duties without causing harm or injury to others. Those found guilty of disobedience with the intent to cause harm face up to one year of imprisonment, a fine, or both. This section reinforces the principle of responsibility and accountability for those entrusted with public duties.
