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 Kunal Pawar

Advocate Kunal Pawar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Supreme Court, Wills Trusts, Revenue, Breach of Contract, Corporate, Documentation, GST, Insurance, Media and Entertainment, Property, R.T.I, Recovery, Startup, Trademark & Copyright, Tax, Armed Forces Tribunal

Get Advice
Advocate Deepak Thakur

Advocate Deepak Thakur

Anticipatory Bail, Cheque Bounce, Consumer Court, Court Marriage, Criminal, Divorce, Motor Accident, Labour & Service

Get Advice
Advocate Diksha Maurya

Advocate Diksha Maurya

Anticipatory Bail, Civil, Cheque Bounce, Court Marriage, Criminal, Divorce, Family, High Court, Domestic Violence, RERA, Property, Trademark & Copyright, Landlord & Tenant

Get Advice
Advocate Dinesh Kumar

Advocate Dinesh Kumar

Criminal,Anticipatory Bail,Documentation,Divorce,Cheque Bounce,

Get Advice
Advocate Sanjay Jharne

Advocate Sanjay Jharne

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, NCLT, Property

Get Advice
Advocate Magdum Qureshi

Advocate Magdum Qureshi

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, Family

Get Advice
Advocate P.o.radhakrishnan

Advocate P.o.radhakrishnan

Civil, Consumer Court, Divorce, Family, High Court, Property, Trademark & Copyright, Anticipatory Bail

Get Advice
Advocate Venkataramana Mustyala

Advocate Venkataramana Mustyala

Civil, Banking & Finance, Cheque Bounce, Breach of Contract, Criminal, Divorce, Documentation, GST, Domestic Violence, Family, Insurance, Landlord & Tenant, Motor Accident, Property, Succession Certificate, Revenue

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.