Section 166A IPC: Public servant disobeying direction under law
Indian Penal Code, 1860
Section 166A IPC at a Glance
Section 166A IPC deals with public servant disobeying direction under law. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 199 BNS.
Rigorous imprisonment for a term of not less than six months which may extend to two years.
Section 166A IPC Bare Act Text
166A. 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 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, 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.
Source: Section 166A, Indian Penal Code, 1860
Section 166A IPC in Simple Words
Section 166A of the Indian Penal Code (IPC) punishes a public servant in three cases. The first is knowingly disobeying a direction of the law which prohibits the public servant from requiring any person to attend any place for the purpose of investigation into an offence or any other matter.
The second is knowingly disobeying, to the prejudice of any person, any other direction of the law regulating the manner in which the public servant is to conduct such investigation. The third is failing to record information given under Section 154(1) CrPC in relation to a cognizable offence punishable under one of the sections the clause lists.
The punishment is rigorous imprisonment for not less than six months and up to two years, and the offender is also liable to fine. The offence is cognizable and bailable, and it is triable by a Magistrate of the first class.
Ingredients of Section 166A IPC
- The accused was a public servant
- Under the first clause, the accused knowingly disobeyed a direction of the law which prohibits the accused from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter
- Under the second clause, the accused knowingly disobeyed, to the prejudice of any person, any other direction of the law regulating the manner in which the accused was to conduct such investigation
- Under the third clause, the accused failed to record information given under Section 154(1) CrPC in relation to a cognizable offence punishable under Sections 326A, 326B, 354, 354B, 370, 370A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E or 509 IPC
Punishment Under Section 166A IPC
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 166A IPC
When Section 166A IPC Does Not Apply
- The person accused of the disobedience or omission was not a public servant.
- Under the first two clauses, the public servant did not knowingly disobey the legal direction governing attendance or the manner of investigation.
- Under the second clause, the breach of the rule regulating the manner of investigation did not cause prejudice to any person.
- Under the third clause, the information given under Section 154(1) CrPC was duly recorded by the public servant.
- Under the third clause, the unrecorded information concerned an offence other than the cognizable offences specifically listed in Section 166A(c) IPC.
Section 166A IPC in the BNS
Section 166A IPC is now covered under Section 199 BNS.
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 detailed comparison (IPC 166A vs BNS 199) →FAQs on Section 166A IPC
What does Section 166A IPC provide?▼
It punishes a public servant who knowingly disobeys a direction of the law on requiring attendance for investigation, who knowingly disobeys, to the prejudice of any person, a direction of the law on the manner of investigation, or who fails to record information given under Section 154(1) CrPC about a listed cognizable offence.
What is the punishment under Section 166A IPC?▼
Rigorous imprisonment for not less than six months, which may extend to two years, and the offender is also liable to fine.
Does the third clause of Section 166A IPC use the word knowingly?▼
No. The first and second clauses punish knowing disobedience. The third clause punishes a failure to record information and uses no word of knowledge.
How does Section 166A IPC differ from Section 166 IPC?▼
Section 166 IPC punishes a public servant who knowingly disobeys a direction of the law as to the way he is to conduct himself as such, intending to cause injury to any person or knowing it likely that injury will result, with simple imprisonment for up to one year, or fine, or both. Section 166A IPC deals with directions on requiring attendance for investigation, directions on the manner of investigation and a failure to record information, and it carries rigorous imprisonment of at least six months and fine.
Is an offence under Section 166A IPC cognizable and bailable?▼
It is cognizable and bailable.
Which court tries an offence under Section 166A IPC?▼
A Magistrate of the first class.
Can an offence under Section 166A IPC be compounded?▼
No. It is not listed in Section 320 CrPC.
Where is Section 166A IPC in the Bharatiya Nyaya Sanhita?▼
In Section 199 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·