IPC Section 165
IPC Section 165: Public servant disobeying law, with intent to cause injury to any person
Text of the Section:
Section 165: 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 imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Detailed Explanation:
1. Who is a Public Servant?
Any person employed in a government role or performing public duties — police officers, government clerks, tax officials, etc.
2. What is the Offence?
The public servant knowingly disobeys a legal direction about how they should behave or carry out their duties.
This is not just any disobedience; it must be:
Knowing (aware they are disobeying).
Done with an intent to cause injury, or at least with the knowledge that injury is likely to happen because of it.
3. Types of Injury
Injury here means harm or damage to any person’s legal rights or interests.
4. Purpose of this Section
To ensure that public servants follow the law and rules in their duties.
To prevent misuse or neglect of power that harms individuals.
To hold public servants accountable if they break the law intentionally or recklessly.
5. Punishment
Imprisonment (simple or rigorous) for up to 6 months.
Or a fine.
Or both.
Example Scenario:
A police officer is ordered to follow proper procedures while making an arrest.
Instead, the officer deliberately ignores the legal procedure, causing harm or injury to the arrested person.
The officer can be prosecuted under Section 165 for knowingly disobeying the law with intent to cause injury.
Summary Table:
| Element | Explanation |
|---|---|
| Who? | Public servant |
| What? | Knowingly disobeys legal directions |
| Intent | To cause injury or knowing injury is likely |
| Punishment | Up to 6 months imprisonment and/or fine |
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