Section 172 of the Bharatiya Nyaya Sanhita (BNS), 2023
๐ Section 171 โ Public servant disobeying direction of law with intent to cause injury to any person
โ๏ธ What Section 171 says (in simple terms):
If a public servant knowingly disobeys a direction or order given by law,
And this disobedience is done with the intention to cause injury (harm or loss) to any person,
Then that public servant can be punished under this section.
๐งพ Breakdown of Key Elements:
| Element | Explanation |
|---|---|
| Public Servant | The person must be a government official or someone performing a public duty. |
| Direction of Law | A lawful order or rule that the public servant is required to follow. |
| Disobedience | The public servant deliberately does not follow the law or order. |
| Intent to Cause Injury | The disobedience is done with intention to harm or cause loss to someone. |
โ ๏ธ Punishment:
The law prescribes punishment which may include imprisonment, fine, or both.
The exact punishment details are provided in the Act, aiming to deter misconduct by public officials.
๐ Purpose of Section 171:
To ensure that public servants perform their duties lawfully.
To prevent abuse of power or malicious behavior by public officials.
To protect citizens from unlawful actions by government authorities.
๐ Example:
A police officer refuses to register a complaint as directed by law because they want to harm or harass the complainant.
This refusal, done intentionally to cause injury, would be punishable under Section 171.
๐จ Important Notes:
Mere negligence or accidental failure to follow the law does not attract punishment under this section; there must be intent to cause injury.
The focus is on willful misconduct by public servants.
RELATED Blog
0 comments