Section 198 BNS: Public servant disobeying law, with intent to cause injury to any person
Bharatiya Nyaya Sanhita, 2023
Section 198 BNS at a Glance
Section 198 BNS deals with public servant disobeying law, with intent to cause injury to any person. It is bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 166 IPC on 1 July 2024.
Simple imprisonment for up to one year.
Section 198 BNS Bare Act Text
198. Public servant disobeying 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.
IllustrationA, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z's favour by a Court, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.
Source: Section 198, Bharatiya Nyaya Sanhita, 2023
Section 198 BNS in Simple Words
Section 198 of the Bharatiya Nyaya Sanhita (BNS) deals with a public servant who knowingly disobeys any direction of the law regarding the way in which they are to conduct themselves as a public servant, intending to cause injury to any person or knowing it to be likely that such disobedience will cause injury to any person. This is not meant for every mistake by an officer. The law applies where the public servant has a legal direction on how to act in their official capacity, knows that direction, and knowingly disobeys it with the intent or knowledge that injury is likely to result.
In practical terms, this section checks the misuse of official power. It covers situations where a public servant knowingly acts contrary to a legal direction and thereby intends or knows they are likely to cause wrongful harm to someone's body, mind, reputation, or property.
Since the offence requires knowing disobedience coupled with intent to cause injury or knowledge that injury is likely, an honest error, delay, or mere negligence is not enough. An offender under this section is punishable with simple imprisonment for up to one year, or with fine, or with both.
Ingredients of Section 198 BNS
- The offender is a public servant
- The public servant knowingly disobeys a direction of the law on the way he is to conduct himself as such public servant
- The disobedience is intended to cause injury to any person, or the public servant knows it to be likely that he will by it cause injury to any person
Punishment Under Section 198 BNS
Simple imprisonment for up to one year.
The offender may be punished with fine alone or with both simple imprisonment and fine. The section fixes no amount.
A public servant who knowingly disobeys a direction of the law as described in the section is punishable with simple imprisonment for up to one year, or fine, or both.
Example of Section 198 BNS
When Section 198 BNS Does Not Apply
- The accused is not a public servant
- The accused did not knowingly disobey the direction
- The direction disobeyed is not a direction of the law as to the way in which the accused is to conduct himself as such public servant
- The accused neither intended to cause injury to any person nor knew it to be likely that the disobedience would cause injury
Section 198 BNS in the IPC (Previous Law)
Section 198 BNS replaces Section 166 IPC from the old criminal code.
Section 166 IPC is now Section 198 BNS, with the same title and the same punishment. The words of the offence are unchanged. In the illustration the BNS says a Court where the IPC said a Court of Justice.
View IPC Section 166 →FAQs on Section 198 BNS
Does every mistake by a government officer fall under Section 198 BNS?▼
No. The section requires knowing disobedience of a direction of law, not a mere error of judgement or negligence. The prosecution must also show that the public servant intended to cause injury or knew that the disobedience was likely to cause injury to a person.
Who can be prosecuted under Section 198 BNS?▼
Only a public servant can be prosecuted under this section. Private persons are outside its direct scope, as the offence specifically targets disobedience of a legal direction governing a public servant's conduct.
What does 'injury' mean under Section 198 BNS?▼
Injury is not limited to physical harm. In the BNS, injury denotes any harm whatever illegally caused to any person in body, mind, reputation, or property.
Is Section 198 BNS still in force?▼
Yes. Section 198 of the Bharatiya Nyaya Sanhita (BNS), 2023 is currently in force and punishes a public servant who knowingly disobeys a direction of law intending or knowing it to be likely to cause injury to any person with simple imprisonment for up to one year, or fine, or both.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·