Public Servant disobeying direction under Law 1
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Summary
If a public servant knowingly disobeys a legal direction that forbids making a person attend any place for investigation, or knowingly breaks rules about how an investigation is to be conducted so as to harm someone, or fails to record information given for an FIR about certain serious offences, they can be punished with rigorous imprisonment for 6 months to 2 years and fined.
Example
Priya goes to the local police station to report an attempted sexual assault. The officer refuses to record her statement under the FIR procedure and insists she must come to the station for questioning contrary to the legal restrictions, prejudicing her. The officer can be prosecuted and face 6 months to 2 years rigorous imprisonment 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, 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 154 of the Code of Criminal Procedure, 1973, in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509,
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.
1 Criminal Law (Amendment) Act, 2013
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