Bharatiya Nyaya Sanhita, 2023
BNS Section 198
Public servant disobeying law, with intent to cause injury to any person
In one line
BNS Section 198 deals with public servant disobeying law, with intent to cause injury to any person and replaces IPC 166.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 198 | Public servant disobeying direction of the law with intent to cause injury to any person. | Simple imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 198
198. Public servant disobeying law, with intent to cause injury to any person.
Whoever, 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.
Frequently asked
What was BNS Section 198 in the IPC?
BNS Section 198 (Public servant disobeying law, with intent to cause injury to any person) replaces Section 166 of the Indian Penal Code, 1860. IPC 166 is now BNS 198.
What is the punishment under BNS 198?
Public servant disobeying direction of the law with intent to cause injury to any person – punishable with simple imprisonment for a term which may extend to one year, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.
Is BNS 198 bailable?
Bailable: BNS 198. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 193 — Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place
- BNS 194 — Affray
- BNS 195 — Assaulting or obstructing public servant when suppressing riot, etc
- BNS 196 — Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
- BNS 197 — Imputations, assertions prejudicial to national integration
- BNS 199 — Public servant disobeying direction under law
- BNS 200 — Punishment for non-treatment of victim
- BNS 201 — Public servant framing an incorrect document with intent to cause injury
- BNS 202 — Public servant unlawfully engaging in trade
- BNS 203 — Public servant unlawfully buying or bidding for property
