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    Question

    Under Section 199 of the BNS, 2023, a woman reports to

    the police station that she has been harassed through digital messages by an unknown person, constituting cyber-harassment punishable under Section 67 of the IT Act read with the BNS (equivalent to a cognizable offence). The police officer, S, who receives the complaint, intentionally fails to record the information in the official complaint register, intending to suppress the complaint because the suspect is a local political figure. S verbally tells the woman to "handle it privately" and does not file an FIR. Which of the following correctly applies Section 199 to S's conduct?
    A S is liable under Section 199 because he, being a public servant, failed to record information relating to a cognizable offence punishable under Section 67 (cyber-harassment), thereby committing an offence Correct Answer Incorrect Answer
    B S is not liable under Section 199 because recording complaints is an administrative duty, not a criminal duty; omissions of administrative nature are not criminalized Correct Answer Incorrect Answer
    C S is liable under Section 199 only if the woman complained multiple times; a single failure to record does not constitute a cognizable offence by the officer Correct Answer Incorrect Answer
    D S is not liable under Section 199 because the woman failed to pursue the matter; the officer's omission becomes relevant only if the complaint would have succeeded Correct Answer Incorrect Answer
    E S is liable under Section 199 only if he was explicitly instructed by the police commissioner to record such complaints; without such specific instruction, Section 199 does not apply Correct Answer Incorrect Answer

    Solution

    Explanation: Section 199 of the BNS, 2023 (corresponding to Section 166-A IPC) provides: "Whoever, being a public servant...fails to record any information given to him under sub-section (1) of section 174 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under section 64, section 65, section 66, section 67, section 68, section 71, section 73, section 76, section 122 or section 141 or section 142, 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." The provision imposes a statutory obligation on police officers to record information relating to specific cognizable offences, including cyber-harassment under Section 67. This is NOT merely an administrative discretion; it is a criminal duty. S's deliberate failure to record the information, with intent to suppress, constitutes a violation. The provision does NOT require multiple complaints—even a single willful omission attracts criminal liability. Additionally, S's liability does NOT depend on whether the woman pursued the matter further or whether she was explicitly instructed by superiors; the statutory obligation exists independently. The minimum punishment is 6 months rigorous imprisonment. Thus, option (A) correctly applies Section 199.

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