Section 80 of the Bharatiya Nyaya Sanhita (BNS), 2023
📜 Section 80 – Public Servant disobeying law, with intent to cause injury to any person
Main provision:
If a public servant (a government official or someone acting in an official capacity)
Knowingly disobeys any direction of law that he is bound to follow,
With the intent to cause, or knowing that it is likely to cause, injury to any person,
👉 then that public servant can be punished with:
Simple imprisonment up to 1 year,
or Fine,
or Both.
🔍 Key Elements Explained
Public Servant
Includes officers, government employees, judges, police, revenue officials, etc., who are bound by law to perform duties honestly and according to rules.
Disobedience of Law
The person must have knowingly violated a legal duty or ignored a law.
Example: A licensing officer is required by law to issue a license to an eligible person but denies it deliberately to harm him.
Intention or Knowledge
The misconduct must be intentional or done with the knowledge that harm is likely.
Mere mistake or negligence without intent does not attract Section 80.
Injury
Not just physical injury; it can mean harm to reputation, property, career, or lawful rights of a person.
⚖️ Illustrations
A police officer refuses to register an FIR against someone despite clear evidence, only because of personal enmity with the complainant → This is covered under Section 80.
A government officer deliberately delays the pension payment of a retired employee to harass him → This also falls under Section 80.
🔑 Difference from Negligence
If an officer disobeys the law accidentally or due to ignorance, Section 80 does not apply.
This section only applies where there is intentional disobedience with a motive to cause harm.
📌 Punishment
Simple imprisonment up to 1 year (not rigorous imprisonment)
Fine (amount depends on court’s discretion)
Or both
✅ In summary:
Section 80 BNS, 2023 ensures accountability of public servants. It punishes those who knowingly misuse their official position by disobeying the law with the intention of harming others.
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