Law4u - Made in India

What Is BNS Section 198?

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Ajay Kumar Soni

Advocate Ajay Kumar Soni

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, High Court, Supreme Court

Get Advice
Advocate Venu Pasupula

Advocate Venu Pasupula

Divorce, Family, Domestic Violence, Court Marriage, Child Custody, Cheque Bounce

Get Advice
Advocate Abhay Nagathan

Advocate Abhay Nagathan

Domestic Violence, Family, Cheque Bounce, Consumer Court, Criminal

Get Advice
Advocate Nikhil Ramesh Joshi

Advocate Nikhil Ramesh Joshi

Anticipatory Bail,Breach of Contract,Cheque Bounce,Civil,Consumer Court,Criminal,Divorce,Documentation,Domestic Violence,Family,Labour & Service,Landlord & Tenant,Motor Accident,Patent,Property,R.T.I,Recovery,RERA,Succession Certificate,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Narpat Singh

Advocate Narpat Singh

Banking & Finance, Cheque Bounce, Breach of Contract, Court Marriage, Civil, Corporate, Consumer Court, Criminal, Cyber Crime, Divorce, GST, Family, High Court, Domestic Violence, Labour & Service, Media and Entertainment, R.T.I, Property, Recovery, Motor Accident, Supreme Court, Tax, Wills Trusts, Revenue, Trademark & Copyright, Succession Certificate

Get Advice
Advocate Azhar Khan

Advocate Azhar Khan

Anticipatory Bail,Cheque Bounce,Child Custody,Criminal,Documentation,High Court,Insurance,

Get Advice
Advocate Salimuddin

Advocate Salimuddin

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Consumer Court, Cyber Crime, High Court, Muslim Law, Wills Trusts, Breach of Contract, Child Custody, Civil, Customs & Central Excise, Divorce, Court Marriage, Criminal, Domestic Violence, GST, Insurance, Family, Medical Negligence, Motor Accident, Trademark & Copyright, Tax, Supreme Court

Get Advice
Advocate Anoop Kant Saxena

Advocate Anoop Kant Saxena

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Family, Motor Accident, Property, Succession Certificate, Domestic Violence

Get Advice

Bharatiya Nyaya Sanhita (BNS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nyaya Sanhita (BNS). Learn about procedures and more in straightforward language.