Public servant disobeying direction under law
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Summary
A public servant who knowingly disobeys legal directions that forbid forcing anyone to attend a place for investigation, or who breaks rules about how an investigation must be conducted to another person's prejudice, or who fails to record required information about certain cognizable offences, faces rigorous imprisonment of 6 months to 2 years and a fine.
Example
Priya, an investigating officer, orders a neighbour to be brought to the station without legal authority and then refuses to record the neighbour's statement about a burglary. Under this section Priya can be punished with rigorous imprisonment for 6 months to 2 years and a fine.
Bare Act
Enacted textWhoever, being a public servant,
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(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
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(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
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(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.
BNSS Classification
- Rigorous imprisonment for not less than 6 months which may extend to 2 years and fine.
- Cognizable
- Bailable
- Triable by Magistrate of the first class.
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