Section 198 BNS: Public Servant Disobeying Direction of Law with Intent to Cause Injury (Formerly Section 166 IPC)

Section 198 of Bharatiya Nyaya Sanhita: Public Servant Disobeying Direction of Law with Intent to Cause Injury

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Illustrations

A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.

Legal Commentary & Landmark Judgments: Section 198

Section 198 of the Bharatiya Nyaya Sanhita, 2023 penalises any public servant who knowingly disobeys any direction of law as to the manner in which they are to conduct themselves, intending or knowing it to be likely to cause injury to any person.

Status as Public Servant: The accused must fall within the statutory definition of a public servant under Section 2(28) of the BNS at the material time.
Direction of Law: There must be an express, binding statutory or legal command regulating the official conduct, investigation, or duty of the officer.
Intentional Disobedience: The disobedience must be conscious, wilful, and accompanied by knowledge or intent that such act will cause unlawful harm or injury to a person.

Key Landmark Precedents:

State of Maharashtra v. Budhikota Subbarao (1993) 3 SCC 339: The Supreme Court ruled that official misconduct under this provision requires deliberate flouting of clear legal mandates causing injury, distinguished from bona fide errors in administrative judgment.
Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1: The Constitution Bench held that a police officer's refusal to register an FIR disclosing a cognizable offence exposes the officer to statutory prosecution under anti-dereliction provisions.

Courtroom Practice & Strategic Litigation Guidance:

In trials under Section 198, counsel must produce the precise statutory rule, circular, or court directive violated. Prior sanction under Section 218 BNSS (equivalent to Section 197 CrPC) is mandatory where the alleged disobedience occurred during the discharge of official duties.

Section 198: Public Servant Disobeying Direction of Law with Intent to Cause Injury

Section 198 of Bharatiya Nyaya Sanhita: Public Servant Disobeying Direction of Law with Intent to Cause Injury

Legal Commentary & Landmark Judgments: Section 198