Public servant disobeying law, with intent to cause injury to any person
What this section does
Penalises a public servant who knowingly disobeys a legal direction governing how he must conduct himself in his official capacity, with the intent to cause or knowledge that he is likely to cause injury to any person by such disobedience.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Simple imprisonment up to 1 year, or fine, or both.
- Triable by
- Magistrate of First Class
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused is a public servant
- There exists a direction of law specifying how the public servant is to conduct himself in that capacity
- The accused knowingly disobeyed that direction
- The disobedience was done with intent to cause injury to any person, or with knowledge that injury to any person was likely to result
Practitioner note
The punishment is specifically simple imprisonment (not rigorous). The illustration makes clear that the section applies to executive officers who knowingly fail to follow mandatory legal procedures, causing prejudice to a party. Knowledge of likely injury is sufficient; specific intent is not required.
Derived from IPC s.166.
Read the official text
For the binding statutory text of BNS Section 198, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 198 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.