BNS Section 199

Section 199 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with Public servant disobeying direction under law.

Whoever, being a public servant,

(a) 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 matter; or
(b) 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
(c) fails to record any information given to him under sub-section (1) of section 174 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under section 64, section 65 section 66, section 67, section 68, section 71, section 73, section 76, section 122 or section 141 or section 142, 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.

Key Points of BNS-199: Public Servant Disobeying Direction Under Law

1. Scope of the Offense:
 

• BNS-199 applies to public servants who disobey lawful directions intentionally, particularly in the context of investigations into offenses or other legal matters.
   

2. Key Elements:
 

• Knowingly Disobeying Legal Directions:
   

• A public servant is liable if they disobey a law that prohibits them from requiring someone's presence for an investigation (Clause a).
   

• Prejudice to a Person:
   

• The offense also covers instances where the public servant disobeys a legal instruction that affects the manner in which they should conduct an investigation, and it results in prejudice to any person (Clause b).
   

• Failure to Record Information:
   

• If a public servant fails to record any information as required under Section 174 of the Bhartiya Nagarik Suraksha Sanhita, 2023, especially regarding specific cognizable offenses, it constitutes an offense (Clause c).
   

3. Related Offenses:
 

• The cognizable offenses referenced in Section 174 relate to punishments under various sections of the Bhartiya Nagarik Suraksha Sanhita, such as Sections 64, 65, 66, 67, 68, 71, 73, 76, 122, 141, and 142, which cover various serious crimes.
   

4. Punishment:
 

• Offenders under BNS-199 face rigorous imprisonment for a term between six months to two years, along with a possible fine.
   

5. Significance:
 

• This section holds public servants accountable for willfully ignoring legal obligations during investigations, ensuring the integrity of legal processes.

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