CrPC Section 166
Section 166 CrPC: Public servant disobeying direction of the law with intent to cause injury to any person
Text of Section 166 CrPC:
"166. Public servant disobeying direction of the 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."
Explanation:
Who is involved?
A public servant — a person who holds a government position or is entrusted with public duties.
What is the act?
The public servant knowingly disobeys a legal direction regarding how they should perform their duties.
Intention or knowledge:
The disobedience must be done with intent to cause injury to someone or knowing that such injury is likely to occur due to the disobedience.
Result:
Injury here means harm or damage to a person’s rights, interests, or property.
Punishment:
Simple imprisonment for up to 1 year.
Fine (amount at court's discretion).
Or both imprisonment and fine.
Key Points:
“Public servant”: Includes police officers, government officials, local authorities, etc.
The disobedience is intentional or with knowledge of harm likely to be caused.
The law referred to is the legal duty or direction that the public servant is bound to follow.
The section protects citizens from misuse or neglect of power by public servants.
Illustration:
A police officer knowingly refuses to register a complaint or initiate an investigation as required by law, intending to harm the complainant’s interests.
A municipal officer ignoring the mandatory rules in granting permits, deliberately causing financial loss to an applicant.
Relation to Other Sections:
Section 166 IPC (Indian Penal Code) is related but different — it deals with public servants disobeying the law with intent to cause injury as a criminal offense.
CrPC Section 166 is about procedure relating to complaints against such offenses.
(Note: Sometimes people confuse CrPC Section 166 and IPC Section 166 — IPC Section 166 is the substantive criminal offense.)
In brief:
Aspect | Details |
---|---|
Applies to | Public servants |
Act | Knowingly disobeying lawful directions |
Intent/knowledge | To cause injury or likely to cause injury |
Punishment | Imprisonment up to 1 year, or fine, or both |
Purpose | Ensure public servants perform duties legally |
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