Section 199 BNS: Public servant disobeying direction under law
Bharatiya Nyaya Sanhita, 2023
Section 199 BNS at a Glance
Section 199 BNS deals with public servant disobeying direction under law. It is bailable and cognizable, triable by Magistrate of the first class; it replaced Section 166A IPC on 1 July 2024.
Rigorous imprisonment for a term of not less than six months which may extend to two years.
Section 199 BNS Bare Act Text
199. Public servant disobeying direction under law
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 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under section 64, section 65, section 66, section 67, section 68, section 70, section 71, section 74, section 76, section 77, section 79, section 124, section 143 or section 144, 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.
Source: Section 199, Bharatiya Nyaya Sanhita, 2023
Section 199 BNS in Simple Words
Section 199 of the Bharatiya Nyaya Sanhita (BNS) deals with a public servant who disobeys specific legal directions connected with an investigation or fails to register information about certain serious cognizable offences. It covers three distinct situations: knowingly disobeying a legal direction that forbids requiring a person to attend at any place for an investigation, knowingly disobeying any other legal direction regulating how the investigation must be conducted to the prejudice of any person, and failing to record information given under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to specified offences.
Under the first two clauses, the prosecution must show that the public servant knowingly disobeyed the direction of law, and under the second clause that this caused prejudice to a person. Under the third clause, failing to record an FIR for offences such as rape, gang rape, outraging modesty, voyeurism, acid attack, or human trafficking is itself punishable. The offence carries rigorous imprisonment from six months to two years, and the offender is also liable to fine.
Ingredients of Section 199 BNS
- The accused was a public servant
- The accused knowingly disobeyed a direction of the law which prohibits requiring any person to attend a place for investigation into an offence or any other matter
- The accused knowingly disobeyed, to the prejudice of any person, a direction of the law on the manner of the investigation
- The accused failed to record information given under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 about a cognizable offence punishable under Sections 64, 65, 66, 67, 68, 70, 71, 74, 76, 77, 79, 124, 143 or 144 BNS
Punishment Under Section 199 BNS
Rigorous imprisonment for a term of not less than six months which may extend to two years.
The offender is also liable to fine.
A public servant who commits any of the three acts is punished with rigorous imprisonment for at least six months and up to two years, together with fine.
Example of Section 199 BNS
When Section 199 BNS Does Not Apply
- The accused is not a public servant
- Under the first or second clause, the accused did not knowingly disobey the direction
- Under the second clause, the disobedience was not to the prejudice of any person
- Under the third clause, the offence is not one punishable under any of the sections the clause lists
- The information given under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 was recorded
- The charge is that a public servant knowingly disobeyed a direction of the law as to the way he is to conduct himself, intending to cause injury to any person or knowing it likely, which is the offence in Section 198 BNS
Section 199 BNS in the IPC (Previous Law)
Section 199 BNS replaces Section 166A IPC from the old criminal code.
Section 166A IPC is now Section 199 BNS, with the same title, the same first and second clauses and the same punishment. The third clause is rewritten to cite the new Codes. It names Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 where the IPC names Section 154(1) CrPC, and it lists Sections 64, 65, 66, 67, 68, 70, 71, 74, 76, 77, 79, 124, 143 or 144 BNS in place of the IPC sections. The BNS list includes Section 77 BNS, voyeurism, which the IPC list did not name.
View IPC Section 166A →FAQs on Section 199 BNS
Who can be prosecuted under Section 199 BNS?▼
This section applies only to a public servant. It is not meant for private persons. It covers a public servant who knowingly disobeys legal directions on requiring attendance or conducting an investigation, or who fails to record information about specified cognizable offences.
Is mere negligence enough for the offence under Section 199 BNS?▼
Under clauses (a) and (b), simple carelessness is not enough because the prosecution must show that the public servant knowingly disobeyed a direction of law, and under clause (b) that this was to the prejudice of any person. Under clause (c), the offence is committed when the public servant fails to record information given under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for any of the listed cognizable offences.
What kind of situations are covered under Section 199 BNS?▼
It covers three situations: requiring someone to attend at any place for an investigation when the law prohibits it, knowingly breaking rules on how an investigation must be conducted to the prejudice of any person, and failing to register information under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for listed offences such as rape, acid attack, or trafficking.
Is Section 199 BNS in force?▼
Yes. Section 199 of the Bharatiya Nyaya Sanhita, 2023 is currently in force and punishes the offender with rigorous imprisonment for a term of at least six months and up to two years, and the offender is also liable to fine.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·