IPC Section 166A — Public Servant disobeying direction under Law
offences by or relating to public servants
Criminal
Punishment
Rigorous imprisonment 6 months–2 years and fine
As the section puts it: “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”
Summary
A public servant who knowingly breaks a law that says they cannot force someone to come to a place for an investigation, or who knowingly disobeys any other law about how to conduct that investigation in a way that harms someone, or who fails to write down information given to them under a specific part of the criminal procedure code about certain serious crimes, can be sent to prison for at least six months and up to two years, and also fined.
Official Text
Whoever, being a public servant : 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, or 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
fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973, in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E 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.
Sections referred to
- IPC §154 — Owner or occupier of land on which an unlawful assembly is held
- IPC §326A — Voluntarily causing grievous hurt by use of acid, etc.
- IPC §326B — Voluntarily throwing or attempting to throw acid, etc.
- IPC §354 — Assault or criminal force to woman with intent to outrage her modesty
- IPC §354B — Assault or use of criminal force to woman with intent to disrobe
- IPC §370 — Trafficking of persons
- IPC §370A — Exploitation of a trafficked person
- IPC §376 — Punishment for rape
- IPC §376A — Punishment for causing death or resulting in persistent vegetative state of victim
- IPC §376AB — Punishment for rape on woman under twelve years of age
- IPC §376B — Sexual intercourse by husband upon his wife during separation
- IPC §376C — Sexual intercourse by person in authority
- IPC §376D — Gang Rape
- IPC §376DA — Punishment for gang rape on woman under sixteen years of age
- IPC §376DB — Punishment for gang rape on woman under twelve years of age
- IPC §376E — Punishment for repeat offenders
- IPC §509 — Word, gesture or act intended to insult the modesty of a woman
Related Judgments
- Sachin Gopinath Kulkarni vs Jas Jeet Singh and anr — Bombay High Court (Mumbai Principal Seat) (2024)
- Sharda Madan Shirsate vs State Bank of India — Bombay High Court (Mumbai Principal Seat) (2020)
- Sanjay Ahiwale vs SAKHEE & Ors — Bombay High Court (Mumbai Principal Seat) (2015)
- SMT. MEENA vs STATE OF NCT OF DELHI, ANR — Delhi High Court (2024)
- SHABNAM vs THE STATE GOVT. OF NCT OF DELHI, AND ORS — Delhi High Court (2024)
- TRIVENI vs HOME DEPARTMENT GOVT. OF, NCT OF DELHI — Delhi High Court (2025)
Old <-> New Code Mapping
- BNS §199 — Public servant disobeying direction under law
