CHAPTER XII: OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
Section 198: Public servant disobeying law, with intent to cause injury to any person
Simple Translation: This is for a public servant who knowingly disobeys a specific legal rule about how to do their job, and they do it intending (or knowing) that this disobedience will harm someone.
Real-World Example (from Act): A court orders an officer (a public servant) to seize A’s property to satisfy a debt owed to B. The officer is legally bound to do this. The officer knowingly disobeys the order and does not seize the property, knowing this will cause financial harm (injury) to B. The officer is guilty.
Section 199: Public servant disobeying direction under law
(a) knowingly disobeys any direction… which prohibits him from requiring the attendance…
Simple Translation: A public servant (like a police officer) knowingly disobeys a law that prohibits them from forcing someone to come to a specific place for an investigation (when they aren’t allowed to).
Real-World Example: The law (in the BNSS) states a police officer cannot compel a woman or a child to come to the police station for questioning (they should go to their residence). An officer knowingly disobeys this and threatens to arrest a female witness if she doesn’t come to the thana. He is guilty.
(b) knowingly disobeys… any other direction of the law regulating… such investigation…
Simple Translation: A public servant knowingly disobeys any other rule about how an investigation should be run, in a way that harms a person.
Real-World Example: The law requires an officer to get a warrant before searching a house (in a specific case). The officer knowingly disobeys this, searches the house anyway, and “prejudices” (harms) the resident.
(c) fails to record any information given… in relation to cognizable offence punishable under section… [list of sections]…
Simple Translation: This is a very important rule. A public servant (like a police officer on duty) refuses or fails to record the information (i.e., file an FIR) for a list of very serious cognizable offenses (like rape, acid attack, trafficking, etc.) that is reported to them.
Real-World Example: A victim of sexual assault (Section 74) goes to a police station. The officer on duty tells her to “go home and sort it out” and refuses to take down her complaint. This officer is now guilty of a serious crime under this section.
Section 200: Punishment for non-treatment of victim
Simple Translation: This crime is for the person in charge of a hospital (public or private). They are guilty if they violate Section 397 of the Bharatiya Nagarik Suraksha Sanhita (the new procedure code). That law mandates that all hospitals must provide immediate, free, first-aid or medical treatment to victims of certain crimes (like acid attacks or rape) before doing anything else, and then report it to the police.
Real-World Example: A victim of an acid attack (Section 124) is rushed to a private hospital. The manager at the reception refuses to admit her or provide life-saving first-aid until a ₹50,000 deposit is paid. This refusal is a crime, and the manager (the person in charge) is guilty under Section 200.
Section 201: Public servant framing an incorrect document with intent to cause injury
Simple Translation: If a public servant’s job is to prepare or translate an official document (paper or electronic), and they intentionally make it incorrect, hoping this error will cause harm (injury) to someone, they are guilty of this offense.
Real-World Example: A land records officer (a public servant) is preparing a new property deed. He knowingly enters the wrong survey number to favor his friend (who wants to illegally claim the land) and cause a legal “injury” to the rightful owner. The officer is guilty under this section.
Section 202: Public servant unlawfully engaging in trade
Simple Translation: If a public servant is in a role where the law or their service rules forbid them from engaging in private business (to prevent conflicts of interest), and they do it anyway, they are guilty. The punishment can include community service.
Real-World Example: A senior police officer is, by their service rules, not allowed to run a private business. They secretly become a director of a private security agency that bids for contracts. They are guilty of this offense.
Section 203: Public servant unlawfully buying or bidding for property
Simple Translation: This is for public servants (like court officers or tax officials) who are legally banned from buying or bidding on certain properties (usually properties they are in charge of seizing or auctioning). If they buy or bid anyway, either in their own name or through a proxy, they are guilty.
Real-World Example: A bank recovery officer is in charge of auctioning a home seized by the bank. The law forbids him from bidding. He tells his brother-in-law to bid for him, and they buy it for a low price. The officer is guilty.
Section 204: Personating a public servant
Simple Translation: This is the crime of “impersonating” a public servant. It has two parts: 1) You falsely pretend to be a government officer, and 2) You use this fake identity to do or try to do an official act.
Real-World Example: A man creates a fake “Health Inspector” ID card. He goes to a restaurant and demands a bribe, threatening to “shut them down” (an act “under colour of such office”). He is guilty of this serious offense. Just wearing the ID is a lesser crime (see Sec 205), but using it to act as an officer is this crime.
Section 205: Wearing garb or carrying token used by public servant with fraudulent intent
Simple Translation: This is the crime of wearing a uniform, badge, or other token of a public servant when you are not one, intending for people to believe you are, or knowing it’s likely they will.
Real-World Example: A man wears a full, realistic police sub-inspector uniform (garb) with the intention of getting a free ride on a bus, or to impress his friends. Even if he doesn’t do any police “act,” just wearing the uniform with this intent is a crime.
