Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
AI Assist
Summary
A public servant who knowingly disobeys legal directions about how they must act, with the intent or awareness that this will save someone from punishment or save property from forfeiture, commits an offence. It applies when the official departs from required procedure to protect a person or property. Penalty: up to two years imprisonment, or fine, or both.
Example
Ravi is a police inspector who deliberately ignores the required procedure and refuses to record or act on evidence against his friend, so the friend avoids punishment. Ravi can be prosecuted and punished with up to two years imprisonment, or a fine, or both.
Bare Act
Enacted textWhoever, 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 thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
BNSS Classification
- Imprisonment for 2 years, or fine, or both.
- Non-cognizable
- Bailable
- Triable by Any Magistrate.
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