Whoever, being a public servant—
- 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
- 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
- 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.
IPC Section 166A: Simplified Explanation
IPC Section 166A of the Indian Penal Code (IPC) was introduced to address the specific offence of public servants failing to record information or complaints, particularly in cases of certain serious crimes. This section ensures accountability among public servants, especially police officers, by making it a punishable offence for them to knowingly disobey any law that requires them to record information or register a First Information Report (FIR) regarding offences like rape, stalking, or acid attacks. The provision aims to prevent the neglect of duty and ensure that victims receive timely assistance and legal recourse.
Is IPC Section 166A bailable?
IPC Section 166A is a non-bailable offence. This means a person accused under this section has no automatic right to be released on bail and must apply to the court to seek bail.
IPC Section 166A punishment
The punishment for an offence under IPC Section 166A varies based on the specific sub-section:
- Failing to record information in cases of cognizable offences punishable with imprisonment for a term of seven years or more (e.g., rape), the punishment is rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and also a fine.
- For other offences under this section, the punishment is imprisonment for a term which may extend to one year, or with a fine, or with both.
Example of IPC Section 166A
A real-life example of IPC Section 166A occurred when a police officer refused to register an FIR for a woman who reported a stalking incident. Despite the victim providing sufficient details and evidence of being stalked, the officer dismissed her concerns and did not record her complaint. This neglect of duty, especially in a case involving the safety and dignity of a woman, led to charges against the officer under IPC Section 166A for failing to register the FIR as required by law.
