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CHAPTER IX OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

Section 166A: Public servant disobeying direction under law

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

1[Whoever, being a public servant,—

(a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter, or

(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or

(c) fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973 (2 of 1974), in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, 2[section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509, shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.

State Amendment (as printed in the official text)

Arunachal Pradesh

Amendment of section 166A.—In section 166A of the principal Act, in clause (c), for the words, figures and letters “section 326A, section 326B, section 354, section 354A, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509” the words, figures and letters “section 326A, section 326B, section 354, sub-sections (2) and (3) of section 354A, section 354B, section 354C, sub-sections (2) of section 354D, section 370, section 370A, section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA, section 376E or section 509” shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 3]

Footnotes in the official text

  1. 1.Ins. by Act 13 of 2013, s. 3 (w.e.f. 03-02-2013).
  2. 2.Subs. by Act 22 of 2018, s. 2, for “section 376B, section 376C, section 376D” (w.e.f. 21-4-2018).

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

166A. Public servant disobeying direction under law.BNS 199

Questions on this section

1 question in 4 of our papers cite Section 166A. Try these from the free papers:

  1. 1. Under Section 199(c) BNS, a public servant who fails to record information given to him under Section 173(1) BNSS relating to specified cognizable offences, such as rape under Section 64 BNS, is punishable with:

Practise questions on Criminal Law