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.
Why this exists
This provision (earlier Section 166 of the Indian Penal Code, 1860) was designed to make sure public officials follow the specific legal procedures laid down for their duties, not just avoid corruption in a general sense. Colonial-era administrators and later Indian lawmakers recognized that officials sometimes have discretion in decisions but are still bound by defined legal processes — for example, how to serve a notice, execute a court order, or conduct an arrest. This section targets officials who knowingly skip or violate these process-rules in a way that harms someone, holding them criminally accountable for procedural misconduct, distinct from bribery or dishonesty offences.
How courts read it
Courts under the identical IPC Section 166 have held that mere negligence or an honest mistake by a public servant is not enough — the disobedience must be 'knowing,' meaning the official was aware of the legal direction and consciously chose not to follow it. Courts have also required proof that the disobedience caused, or was likely to cause, injury to a specific person, not just a technical or administrative lapse. Sanction requirements under procedural law (such as the Code of Criminal Procedure or Bharatiya Nagarik Suraksha Sanhita) have often been discussed in these cases before prosecution can proceed against officials acting in their official capacity.
Common misconceptions
- Myth: This law punishes any mistake a government official makes while doing their job.
Fact: Courts have clarified that only *knowing* and deliberate disobedience of a specific legal direction counts — honest mistakes or negligence without intent or knowledge do not attract this section. - Myth: This section covers corruption or bribery by public officials.
Fact: This provision is about disobeying a known legal procedure that causes injury; bribery and corruption are separately dealt with under laws like the Prevention of Corruption Act.