Introduction of Section BNS 198
BNS Section 198 addresses the misconduct of public servants who deliberately disobey legal directions with the intention of causing harm or knowing that their disobedience will likely result in injury to another person. It aims to hold public officials accountable for any misuse of their official powers, ensuring that they adhere to legal responsibilities and do not exploit their positions to harm others.
The Bharatiya Nyaya Sanhita (BNS) Section 198 replaces the old Indian Penal Code (IPC) Section 166.
- Introduction of Section BNS 198
- What is BNS Section 198 ?
- BNS 198 in Simple Points
- Section 198 BNS Overview
- BNS 198 Punishment
- BNS 198 bailable or not ?
- Bharatiya Nyaya Sanhita Section 198
- BNS Section 198 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 198 ?
BNS Section 198 deals with public servants who deliberately violate legal instructions while performing their duties, intending to harm or knowing that their disobedience will likely cause injury. This section punishes such misconduct with up to one year of simple imprisonment, a fine, or both. The offense is bailable, non-cognizable, and is triable by a Magistrate of the first class.

BNS 198 in Simple Points
- Applicability to Public Servants:
- This section applies to individuals who are employed as public servants, including government officials, police officers, and other public functionaries. The law holds them accountable for their official actions. If they misuse their power or fail to follow legal instructions in their duties, they can be punished under this section.
- Detailed Insight: Public servants are entrusted with certain responsibilities, and the law provides guidelines for how they should act. Disobedience of these guidelines, especially when done knowingly to cause harm, is considered a violation of trust and is punishable under BNS 198.
- Knowingly Disobeying Legal Orders:
- Explanation: The public servant must have willfully and knowingly disobeyed a lawful order or direction. It means they are aware that they are not following the law, yet they still proceed to do so.
- Detailed Insight: The key element here is the intent. If a public servant makes a mistake or misunderstands an order, they may not be liable under this section. However, if they deliberately choose to ignore a legal directive, knowing full well the consequences, they can be prosecuted.
- Intention to Cause Injury:
- Explanation: The disobedience must be done with the intent to cause harm or with the knowledge that the disobedience would likely result in injury to another person. This section requires proof of the public servant’s malicious intent or awareness of the harm their actions would cause.
- Detailed Insight: This clause ensures that public servants are not just punished for disobedience but specifically for actions that are aimed at causing harm to individuals. The focus is on the damage that their willful negligence or misconduct can cause to someone else’s rights or well-being.
- Punishment for Disobedience:
- Explanation: A public servant found guilty under BNS Section 198 can be sentenced to simple imprisonment for up to one year, fined, or both. The punishment depends on the severity of the offense and the harm caused by the disobedience.
- Detailed Insight: The punishment is meant to deter public servants from misusing their authority and ensures accountability in public service. Even though the imprisonment period is relatively short, the inclusion of both imprisonment and fines emphasizes the seriousness of the offense.
- Legal Proceedings:
- Explanation: Offenses under this section are non-cognizable (the police cannot arrest without a warrant), bailable (the accused can be released on bail), and are triable by a Magistrate of the first class. It is a non-compoundable offense, meaning the case cannot be settled out of court.
- Detailed Insight: The legal proceedings ensure that cases of disobedience are properly reviewed by a competent judicial authority. The fact that it is non-compoundable means that once a case is initiated, it cannot be dropped or settled privately between the parties, ensuring public accountability.
Section 198 BNS Overview
BNS Section 198 addresses the misconduct of public servants who knowingly disobey legal directions in their official duties, intending to cause harm or knowing that their actions are likely to cause injury to another person. It is designed to ensure that public servants act within the bounds of the law and are held accountable if they fail to do so with malicious intent.
BNS Section 198 – 10 Key Points
- Applicability to Public Servants:
- This section specifically applies to public servants, including government officials, police officers, or any individual serving in a public capacity.
- Explanation: It holds officials accountable for violating legal obligations tied to their roles.
- Knowingly Disobeying Legal Directions:
- A public servant commits an offense if they knowingly disobey a direction from the law. The disobedience must be intentional.
- Explanation: The law doesn’t punish innocent mistakes or misunderstandings, but willful disregard of legal instructions.
- Intent to Cause Injury:
- The public servant must have acted with the intent to cause harm or, at the very least, be aware that their actions would likely result in injury to another person.
- Explanation: Intent plays a crucial role; without the intention to harm, the offense may not be applicable.
- Illustration of an Example:
- The section gives an example where an officer fails to seize property in a legal execution case, knowing that such a failure would cause financial loss to the person in whose favor the court issued the decree.
- Explanation: This shows how deliberate inaction or disobedience can hurt the rights of individuals.
- Punishment:
- A public servant found guilty under this section faces simple imprisonment for up to one year, a fine, or both.
- Explanation: The severity of the punishment depends on the seriousness of the disobedience and its consequences.
- Non-Cognizable Offense:
- Since the offense is non-cognizable, the police cannot arrest the public servant without a warrant. A formal complaint and judicial process are required.
- Explanation: This reflects the need for legal proceedings before an arrest is made.
- Bailable Offense:
- The offense is bailable, meaning the accused public servant can apply for bail and does not need to remain in custody until trial.
- Explanation: The accused has the right to be released on bail while awaiting trial, except under certain circumstances.
- Triable by a Magistrate of the First Class:
- Cases under BNS Section 198 are tried in a court led by a Magistrate of the first class.
- Explanation: The case is overseen by an experienced judicial officer who handles such legal matters.
- Non-Compoundable Offense:
- The offense is non-compoundable, meaning it cannot be settled out of court or withdrawn after the case has started.
- Explanation: The case must go through a formal legal process, and a compromise between the accused and victim cannot end it.
- Ensuring Accountability in Public Service:
- The primary purpose of this section is to ensure that public servants follow the law and do not misuse their positions to harm others.
- Explanation: This helps maintain trust in public institutions and protects citizens from abuse of power by officials.
BNS Section 198 – 2 Examples
- Example 1:
- A police officer, who is legally required to investigate a complaint of theft, intentionally delays the investigation because the accused is a friend. As a result, the victim suffers financial loss. The police officer knowingly disobeyed legal duties, causing injury to the victim. Under BNS Section 198, the officer can be charged for dereliction of duty with intent to harm.
- Example 2:
- A revenue officer refuses to seize property ordered by the court to settle a debt, even though they are aware that this refusal will cause financial injury to the creditor. The officer acted with the knowledge that the creditor would suffer harm, thus falling under the scope of BNS Section 198.
BNS 198 Punishment
- Imprisonment:
- Public servants convicted under this section can be sentenced to up to one year of simple imprisonment. The term of imprisonment is relatively short, reflecting the severity of the misconduct.
- Fine:
- Alternatively, or in addition to imprisonment, the court can impose a fine on the public servant. The amount of the fine varies depending on the specifics of the case.

BNS 198 bailable or not ?
Yes, BNS Section 198 is a bailable offense. This means that a public servant accused under this section can apply for bail. The court will decide whether or not to grant bail, but it is generally easier to obtain bail for bailable offenses.
Bharatiya Nyaya Sanhita Section 198
Section | Offense | Definition | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Triable By |
---|---|---|---|---|---|---|
BNS 198 | Public servant disobeying law with intent to cause injury | Disobedience of legal orders by public servants with the intention to cause harm | Simple imprisonment for up to 1 year, or fine, or both | Bailable | Non-cognizable | Magistrate of the first class |
BNS Section 198 FAQs
What is BNS Section 198?
BNS Section 198 deals with public servants who deliberately disobey legal instructions in their official duties, intending to cause harm to others.
What is the punishment under BNS Section 198?
A public servant found guilty under this section can be sentenced to simple imprisonment for up to one year, fined, or both.
Is BNS Section 198 a bailable offense?
Yes, BNS Section 198 is a bailable offense. The accused can apply for bail, and it is up to the court to grant it.
Can a public servant be arrested without a warrant under BNS Section 198?
No, as it is a non-cognizable offense, the police cannot arrest the public servant without a warrant.
Who tries cases under BNS Section 198?
Cases under this section are tried by a Magistrate of the first class.
What is an example of a violation under BNS Section 198?
An example would be a government official intentionally refusing to carry out a court order, knowing that it would cause financial harm to a person involved in a legal case.
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