IPC Section 166: 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.

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.

IPC Section 166: Simplified Explanation

IPC Section 166 of the Indian Penal Code (IPC) addresses public servant misconduct. This section explicitly deals with a public servant who knowingly disobeys any direction of the law with the intent to cause injury to any person. The law intends to ensure that public servants act within the bounds of legal directives and do not misuse their power to harm others.

The critical elements of this offence are:

  1. The individual must be a public servant.
  2. The public servant must knowingly disobey a direction of the law.
  3. This disobedience must have the specific intent of causing injury to someone.

Is IPC Section 166 Bailable?

IPC Section 166 is a bailable offence. This means an accused person can be released on bail after being arrested under this section.

IPC Section 166 Punishment

The punishment for a public servant found guilty under IPC Section 166 is significant. It includes simple imprisonment for a term that may extend to one year, or with a fine, or with both. This severe punishment serves as a deterrent, discouraging public servants from knowingly disobeying the law with the intent to cause injury.

Example of IPC Section 166

An example of IPC Section 166 being invoked is when a government officer refused to process an application for a welfare scheme despite the applicant meeting all eligibility criteria. The officer did so intending to cause the applicant financial harm. Upon investigation, it was discovered that the officer acted out of personal malice. The officer was then charged under Section 166 for intentionally disobeying the law to harm the applicant.

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