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
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
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
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
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
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