Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Chapter XII > Offences by or Relating to Public Servant (Ss. 198 to 205 BNS)
In India, public servants play a crucial role in the functioning of the state, ensuring law, order, and governance at various levels. Given their position of authority and trust, it is essential to maintain the integrity and accountability of public servants to ensure a functioning democratic system. However, the law also recognizes that public servants, like any other individuals, can sometimes be involved in criminal activities, which can undermine their credibility and public trust. Therefore, the Bharatiya Nyaya Sanhita, 2023 (BNS) and other relevant legislations have provisions addressing offences committed by or against public servants. This article will explore the various offences related to public servants in India, examining the legal provisions that define such offences, their implications, and the judicial processes involved. It will also discuss how these laws are implemented to ensure that public servants are held accountable for their actions while maintaining their dignity and functioning in society. Chapter XII containing Ss. 198 to 205 deals with various offences by or relating to public servant.
The legal framework designed to address these offences includes specific sections of the BNS (Ss. 198 to 205) and other special laws, such as the Prevention of Corruption Act, 1988, and the Indian Prevention of Corruption Act, 1989. These laws are aimed at not only punishing public servants who misuse their power for personal gain but also protecting them from malicious or frivolous accusations.
Offences related to public servants primarily concern actions that either obstruct their official duties or involve corruption, abuse of power, and neglect of responsibilities. These offences are treated seriously under Indian law, as they directly impact the functioning of the state and the publicโs confidence in its institutions.
Who is Public Servant?
Public servant refers to individuals who are employed in any capacity by the government, whether central, state, or local authorities, or those who hold a public office, regardless of the sector. Public servants are entrusted with the responsibility of performing various duties in public administration, law enforcement, and other government functions.
According to Section 2(28) of the Bharatiya Nyaya Sanhita, 2023 โpublic servantโ means a person falling under any of the descriptions, namely:โ
(a) every commissioned officer in the Army, Navy or Air Force;
(b) every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;
(c) every officer of a Court including a liquidator, receiver or commissioner whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorised by a Court to perform any of such duties;
(d) every assessor or member of a panchayat assisting a Court or public servant;
(e) every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court, or by any other competent public authority;
(f) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
(g) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
(h) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government;
(i) every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;
(j) every person who holds any office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;
(k) every personโ
(i) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;
(ii) in the service or pay of a local authority as defined in clause (31) of section 3 of the General Clauses Act, 1897 (10 of 1897), a corporation established by or under a Central or State Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013).
Explanation:
(a) persons falling under any of the descriptions made in this clause are public servants, whether appointed by the Government or not;
(b) every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation is a public servant.
The classification of a person as a public servant is significant as it determines the applicability of various provisions under the BNS. For example, offences related to the abuse of power, corruption, or obstructing the functioning of a public servant attract severe penalties and are considered serious crimes. The law specifically targets offences committed against or by public servants to uphold the integrity of the public system.
Section 198 BNS:
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 Zโs 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.
Ingredients of Section 198 BNS:
- The accused must be a public servant as defined under 2(28) of the BNS.
- He must knowingly disobey the direction of law or neglect a duty that is legally required of them.
- He must act with the intention to cause injury, harm, or damage to a person. The injury could be physical, mental, or emotional, and it must be deliberate.
Example 1:
A police officer refusing to register an FIR when a person has reported a serious crime, despite being legally obligated to do so, with the intention of causing harm or preventing justice for the complainant, would fall under this provision.
Example 2:
A government official failing to perform their duties to cause harm to a particular person or group, like neglecting a duty that leads to loss or injury to an individual, can also be charged under this section.
Punishment:
Simple imprisonment for a term which may extend to one year, or with fine, or with both.
Nature of Offence:
The offence under this Section is Non-cognizable, Bailable, and triable by Magistrate of the first class.
Under this Section, the law aims to ensure that public servants carry out their duties diligently, fairly, and without any bias or personal motive to harm others. It holds public officials accountable for abuse of power or negligence that leads to harm. This provision is crucial for maintaining trust in public institutions and ensuring justice is delivered impartially.
Section 199 BNS:
Section 199 BNS deals with the offence of a public servant disobeying a direction under the law. This provision is an extension of Section 198 BNS and addresses a situation where a public servant, specifically a police officer, disobeys the law or a legal direction in a manner that causes harm or injury to others. This section is added to address situations of public servants, especially police officers, failing to perform their duties in accordance with the law.
The provision applies to police officers who are public servants. It is specifically tailored to the conduct of law enforcement officers, such as the police, who are entrusted with the responsibility to uphold the law and protect citizensโ rights.
Public Servant Disobeying Direction under Law:
Whoever, being a public servant,โ
(a) 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 matter; or
(b) 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
(c) fails to record any information given to him under sub-section (1) of section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under section 64, section 65, section 66, section 67, section 68, section 70, section 71, section 74, section 76, section 77, section 79, section 124, section 143 or section 144, 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.
Ingredients of Section 199 BNS:
- The accused is a public servant, particularly law enforcement officer/Police officer.
- He 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 matter; or
- He 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 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under section 64, section 65, section 66, section 67, section 68, section 70, section 71, section 74, section 76, section 77, section 79, section 124, section 143 or section 144.
Example:
A police officer refuses to register an FIR (First Information Report) despite clear legal instructions or evidence that a cognizable offence has been committed. This deliberate failure to follow the legal duty could lead to a violation of Section 199 BNS if it is proven that the action was intended to cause harm to the complainant or obstruct justice.
Punishment:
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.
Nature of Offence:
The offence under this section is Cognizable, Bailable, and triable by Magistrate of the first class.
The purpose of Section 199 BNS is to ensure that law enforcement officers, particularly police officers, perform their duties with diligence and integrity, as they have a direct responsibility to protect the rights of individuals and maintain public order. This provision aims to prevent abuse of power, negligence, or willful failure to follow legal directives, especially in cases where such disobedience during investigation can lead to harm or denial of justice to a person or group.
Section 200 BNS:
Under the BNS, non-treatment of a victim or failure to provide medical assistance, especially in the case of a person in need of urgent medical attention, is a serious offence. This situation typically arises in cases where individuals, including public servants (such as doctors, police officers, or other responsible persons), neglect their duty to provide necessary treatment or care to a victim in distress.
Punishment for Non-treatment of Victim:
Whoever, being in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes the provisions of section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
Ingredients of S. 200 BNS:
- The accused is in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person;
- He contravenes the provisions of section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Example:
A medical professional refuses to treat a person injured in a road accident, knowing that the injury is severe and could lead to death without immediate care. The deliberate refusal to treat the victim could lead to charges under Section 200 BNS, resulting in imprisonment or a fine.
Punishment:
Imprisonment for a term which may extend to one year, or with fine, or with both.
Nature of Offence:
The offence under this Section is Non-cognizable, Bailable, and triable by Magistrate of the first class.
The purpose of section is to provide punishment for those who deliberately fail to provide medical treatment or assistance to victims in need, especially when their negligence or refusal leads to further harm or even death. This is intended to uphold the duty of care owed by medical professionals and public servants to the victims of crimes or accidents.
Section 201 BNS:
When a public servant frames an incorrect document with the intent to cause injury, this refers to the unlawful act of intentionally creating or altering a document in a misleading or false manner with the purpose of causing harm to an individual, group, or entity. This could involve a variety of actions, such as falsifying records, creating false evidence, or altering official documents with malicious intent.
Public Servant Framing an Incorrect Document with Intent to Cause Injury:
Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Ingredients of Section 201 BNS:
- The accused is a public servant;
- He prepares or translate that document or electronic record;
- He knows or believes that document is incorrect;
- He knows that the act is likely to cause injury to any person; and
- He does it intentionally.
Punishment:
Imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Nature of Offence:
Offence under this Section is Cognizable, Bailable, and triable by Magistrate of the first class.
This type of conduct is illegal and highly unethical, as it undermines trust in public institutions, and can lead to significant consequences for both the victim and the public servant involved. Legal consequences for such behaviour may include criminal charges, termination from public service, civil suits, and even imprisonment.
Actions under this section could be classified under various criminal offenses, such as:
- Forgery: Making false documents or altering existing ones with fraudulent intent.
- Perjury: Lying under oath or providing false information in official proceedings.
- Malfeasance in Office: When a public official performs their duties in a wrongful or illegal manner.
- Obstruction of Justice: Interfering with legal processes in a manner that obstructs the pursuit of justice.
Section 202 BNS:
Public Servant Unlawfully Engaging in Trade:
Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both or with community service.
Punishment:
Simple imprisonment for a term which may extend to one year, or with fine, or with both or with community service.
Nature of Offence:
Offence under this section is Non-cognizable, Bailable, and triable by Magistrate of the first class.
Section 203 BNS:
Public Servant Unlawfully Buying or Bidding for Property:
Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated.
Punishment:
Simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated.
Nature of Offence:
Offence under this section is Non-cognizable, Bailable, and triable by Magistrate of the first class.
Section 204 BNS:
Personating a Public Servant:
Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to three years and with fine.
Punishment:
A term which shall not be less than six months but which may extend to three years and with fine.
Nature of Offence:
Offence under this section is Cognizable, Non-bailable, and triable by Any Magistrate.
Section 205 BNS:
Wearing Garb or Carrying Token Used by Public Servant with Fraudulent Intent:
Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
Punishment:
A term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
Nature of Offence:
Offence under this section is Cognizable, Bailable, and triable by Any Magistrate.
Conclusion:
Offenses committed by or relating to public servants under theBharatiya Nyaya Sanhita, 2023 (BNS) are a serious concern for the integrity and trust that the public places in government institutions. Public servants, given their position of authority, are entrusted with the responsibility of acting in the best interest of the public. However, violations such as bribery, corruption, abuse of power, and misconduct undermine the functioning of the state and erode public confidence.
The BNS provides specific provisions aimed at addressing offenses involving public servants, including those related to abuse of power, corruption , and criminal breach of trust. These legal provisions aim to ensure accountability and transparency in the functioning of public institutions.
It is essential that these provisions are enforced rigorously to maintain a system of checks and balances within the public sector. Additionally, strengthening mechanisms for investigation, prosecution, and the protection of whistleblowers will be crucial to curbing such offenses. Ensuring that public servants act with integrity and within the bounds of the law is vital for the functioning of a fair and just society.
In conclusion, offenses by or relating to public servants are detrimental to the legal and moral fabric of society. Therefore, it is imperative for both the legal system and the public to uphold the law to ensure that public servants remain accountable and transparent in their actions.
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