Public servant disobeying law, with intent to cause injury to any person
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Summary
A public servant who knowingly disobeys a legal direction about how to act in his official role, with intent to cause injury or knowing injury is likely, commits an offence. The penalty is simple imprisonment for up to one year, or a fine, or both. It applies only when the disobedience is deliberate and likely to harm someone.
Example
Ravi is an officer ordered by law to seize goods from a shop to satisfy a court decree in Meera's favour. Ravi knowingly refuses to follow the required procedure because he expects Meera will suffer loss. Ravi can be punished with up to one year simple 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 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.
BNSS Classification
- Simple imprisonment for 1 year, or fine, or both.
- Non-cognizable
- Bailable
- Triable by Magistrate of the first class.
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