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.
Simplified Explanation
Section 198 of the Bhartiya Nyaya Sanhita, 2023 is aimed at ensuring accountability among public servants. It penalizes the willful disobedience of legal duties by public servants when such disobedience is intended to cause harm or is likely to result in harm to any individual. Let’s break it down for clarity:
Key Elements of Section 198
- Applicability:
- The section applies specifically to public servants, a term defined broadly in Indian law to include government officials and others in positions of public trust.
- Nature of the Offense:
- The offense involves the intentional or knowing disobedience of legal directions prescribed for public servants in their official capacity.
- The act of disobedience must have an element of intention to cause injury or knowledge that injury is likely to result.
- Legal Duty:
- The law imposes specific duties on public servants. Section 198 targets situations where those duties are disregarded.
- For example, an officer executing legal orders, managing public funds, or safeguarding public property is bound to follow rules and directions. Failure to do so, with intent to harm, is punishable.
- Mens Rea (Intent):
- Intent or knowledge is a crucial element:
- Intent to cause injury: The public servant consciously acts in a way they know will harm someone.
- Knowledge of likely injury: Even without direct intent, if the public servant knows their disobedience is likely to cause harm, it suffices to invoke this section.
- Intent or knowledge is a crucial element:
- Penalty:
- Simple imprisonment for up to one year, or
- A fine, or
- Both imprisonment and fine.
Illustration (Explained)
The provided illustration clarifies the section through an example:
- Scenario:
- “A” is a public officer legally directed to seize property in execution of a court decree in favor of “Z”.
- “A” knowingly disregards this legal directive.
- This disobedience harms “Z,” who is entitled to satisfaction of the court decree.
- Application:
- “A’s” intentional disregard of duty, coupled with knowledge of its likely adverse impact on “Z,” constitutes the offense under Section 198.
- The punishment ensures that public servants cannot escape accountability by ignoring their responsibilities.
Objective of Section 198
This section embodies principles of rule of law and accountability, ensuring public servants:
- Uphold their legal duties with integrity.
- Do not exploit their position to cause harm, intentionally or negligently.
- Respect the rights and interests of individuals affected by their actions.
Key Takeaways for Law Students
- Accountability: The section reinforces the idea that public servants are custodians of public trust and must operate within the legal framework.
- Intent vs. Negligence: The law focuses on intentional or knowing acts, distinguishing them from mere negligence or oversight.
- Public Interest: It safeguards individuals from misuse of authority by emphasizing adherence to the law.
Comparative Insights
Section 198 of the Bhartiya Nyaya Sanhita closely aligns with principles established in previous penal laws, particularly Section 166 of the Indian Penal Code, 1860, which addressed similar offenses. The modernization in Bhartiya Nyaya Sanhita reflects India’s evolving approach to public accountability while maintaining foundational legal values.
