Bharatiya Nyaya Sanhita 2023
Section 199 :
Public servant disobeying direction under law :
(See section 166A of IPC 1860)
Section : 199
Classification of Offence:
Offence : Public servant disobeying direction under law.
Punishment : Rigorous imprisonment for minimum 6 months which may extend to 2 years and fine.
Cognizable or Non-cognizable : 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,—
(a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter; or
(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation; or
(c) fails to record any information given to him under sub-section (1) of section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under section 64, section 65, section 66, section 67, section 68, section 70, section 71, section 74, section 76, section 77, section 79, section 124, section 143 or section 144,
shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.
Indian Penal Code 1860 (IPC 1860)
Section 166A :
1.[Public servant disobeying direction under law :
(See section 199 of BNS 2023)
Classification of Offence:
Offence: Public servant disobeying direction under law
Punishment :Imprisonment for minimum 6 months which may extend to 2 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the First class
———–
Whoever, being a public servant,-
a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter, or
b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or
c) fails to record any information given to him under sub-section(1) of section 154 of the Code of Criminal Procedure, 1973(2 of 1974), in relation to cognizable offence punishable under section 326A, section 326B, section354, section 354B, section 370, section 370A, section 376, section376A, 2.[section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section376E or section 509, shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.]
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1. Ins. by Act 13 of 2013, s. 3 (w.e.f. 03-02-2013).
2. Subs. by the Criminal Law (Amendment) Act, 2018 (No.22 of 2018), Sec. 2. Published in the Gazette of India, Extra, Part II, Sec. 1 dated 11-08-2018.