BNS Section 198- Public servant disobeying law, with intent to cause injury to any person | Bharatiya Nyaya Sanhita 2023

Hello readers! Today, we are going to break down Section 198 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.

Bare Act Text

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. Illustration. A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court, 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.

Procedural Details

Punishment

Imprisonment up to One Year(s) + Fine

Nature of Offense

Non-cognizable

Bail Eligibility

Bailable

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Any Magistrate

Frequently Asked Questions about BNS Section 198

According to the official bare act, this legal offense is defined as: 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. Illustration. A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court, 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.
The punishment for this specific offense is outlined under the new law as: Imprisonment up to One Year(s) + Fine
Under the new legal framework, this specific offense is classified as a Bailableoffense.
The legal status regarding police arrest without a warrant is that this offense isNon-cognizable.
Cases pertaining to this specific BNS section are triable by the Any Magistrate.
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).

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