Bharatiya Nyaya Sanhita 2023
Chapter XII :
Of Offences By Or Relating To Public Servants :
Section 198 :
Public servant disobeying law, with intent to cause injury to any person :
(See section 166 of IPC 1860)
Section : 198
Classification of Offence:
Offence : Public servant disobeying a direction of the law with intent to cause injury to any person.
Punishment : Simple imprisonment for 1 year, or fine, or both.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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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.
Illustration :
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.
Indian Penal Code 1860 (IPC 1860)
Section 166 :
Public servant disobeying law, with intent to cause injury to any person:
(See section 198 of BNS 2023)
Classification of Offence:
Offence : Public servant disobeying a direction of the law with intent to cause injury to any person.
Punishment :Simple Imprisonment for 1 year, or fine, or both.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the First class
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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.
Illustration :
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 of Justice, 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.