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 perform official duties, with intent or with knowledge that the disobedience is likely to cause injury to someone, is criminally liable. The consequence is simple imprisonment for up to one year, or a fine, or both. It applies when an official intentionally breaks required procedures to harm or likely harm another person.
Example
Ravi is a municipal officer required by law to follow a specific process before cancelling a shop licence. He knowingly skips the required steps to cause loss to the shop owner. Under this provision 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.
IIIustration
(1) A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’ favour by a Court of Justice, 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.
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