Question
What is the minimum punishment under Section 199 of BNS
for a public servant disobeying directions under law?Solution
This answer is based on Section 199 of the BNS (which corresponds to Section 166A of the old IPC). 1. The Statutory Provision (Section 199 BNS) Section 199 deals with "Public servant disobeying direction under law" .1 It specifically targets public servants who:
- (a) Knowingly disobey any direction of the law prohibiting them from requiring the attendance of certain vulnerable persons (women, children under 15, etc.) at any place other than their residence; or
- (b) Fail to record any information given to them regarding cognizable offences such as sexual harassment, assault, or rape (specifically sections 64–71, 74–79, 124, etc. of BNS).
- Section 198 BNS (Old IPC 166): Deals with disobeying a direction of law with intent to cause injury.3 The punishment here is simple imprisonment up to 1 year.
- Section 199 BNS (Old IPC 166A): Deals with specific failures (like not filing an FIR for rape). This carries the stricter minimum 6 months RI .4
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