Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 198: Public Servant Disobeying Law, With Intent to Cause Injury to Any Person
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.
Brief Detail
BNS Section 198 deals with situations where a public servant, intentionally or knowingly, disobeys any legal direction on how to perform their duties. If this disobedience is intended to, or is likely to, cause injury to any person, the public servant can be punished with up to one year of simple imprisonment, or a fine, or both. This section ensures accountability of public servants in following the law while performing their duties.
Question & Answers
Q1: What does Section 198 of the BNS cover?
A1: Section 198 covers situations where a public servant knowingly disobeys legal directions regarding their conduct in their official capacity, with the intention to cause injury to someone or knowing that such disobedience could cause injury.
Q2: What is the punishment for a public servant found guilty under Section 198?
A2: A public servant found guilty under Section 198 may face simple imprisonment for up to one year, a fine, or both.
Q3: Can you provide an example of an offence under Section 198?
A3: If a public officer, who is required by law to take possession of property to satisfy a court decree in favor of a person, deliberately fails to do so, knowing it would harm the person, it constitutes an offence under Section 198.
Example
Example Scenario:
If an officer tasked with collecting property to settle a court judgment in favor of a person deliberately avoids taking action, knowing it would cause financial harm to the judgment holder, this disobedience constitutes an offence under BNS Section 198.
Summary
BNS Section 198 ensures that public servants adhere to their legal duties and do not act in ways that intentionally or knowingly cause harm to individuals. Violation of this section can result in imprisonment, fines, or both, highlighting the importance of accountability and integrity in public service.
