Introduction of BNS 199
BNS 199 deals with the misconduct of public servants who disobey legal directions, particularly in the context of investigations. It focuses on the failure of public servants to follow legal protocols, including not recording information related to certain cognizable offences or disregarding lawful instructions. This section ensures that public officials, particularly those involved in law enforcement, adhere to the guidelines set by the law during investigations.
The Bharatiya Nyaya Sanhita (BNS) Section 199 replaces the old Indian Penal Code (IPC) Section 166-A.
- Introduction of BNS 199
- What is BNS Section 199 ?
- BNS 199 in Simple Points
- Section 199 BNS Overview
- BNS 199 Punishment
- BNS 199 bailable or not ?
- Bharatiya Nyaya Sanhita Section 199
- BNS Section 199 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 199 ?
BNS 199 deals with the actions of public servants who knowingly disobey directions set by law while conducting investigations or handling information related to certain offences. This section ensures that public servants are held accountable if they fail to follow legal instructions, such as requesting someone’s attendance for investigation without legal authority, improperly conducting an investigation, or failing to record essential information regarding cognizable offences.

BNS 199 in Simple Points
- Disobeying Legal Directions
- A public servant who knowingly disobeys legal directives, such as requesting someone’s attendance for an investigation without proper authority, violates this section. For example, a police officer cannot compel someone to attend a hearing without legal grounds.
- Improper Investigation Procedure
- If a public servant conducts an investigation without following the legal rules or methods, they are in violation of BNS Section 199. For example, if an officer gathers evidence in a manner that doesn’t comply with legal requirements, they can be held accountable.
- Failure to Record Important Information
- Public servants are required to record information about serious cognizable offences. If they fail to record important details, such as a complaint or evidence related to a crime, they are violating this section. For instance, ignoring a complaint about a serious offence like robbery would fall under this violation.
- Punishment for Violations
- A public servant found guilty under BNS Section 199 faces rigorous imprisonment for a minimum of 6 months, which can extend to 2 years. Additionally, they are liable to pay a fine, which further penalizes their misconduct.
- Ensuring Accountability in Public Service
- The purpose of this section is to ensure that public servants act responsibly and follow legal protocols during investigations. It promotes transparency and accountability, protecting citizens from potential abuse of power by public authorities.
Section 199 BNS Overview
BNS Section 199 is a law that punishes public servants who:
- Disobey legal directions related to investigations.
- Fail to follow the proper procedure during an investigation.
- Do not record important information related to cognizable offences.
The punishment includes rigorous imprisonment for not less than 6 months, which can extend to 2 years, along with a fine.
10 Key Points of BNS Section 199
- Disobeying Legal Orders
- A public servant who knowingly ignores or disobeys a legal directive violates the law. For example, if a police officer requires someone to attend an investigation without proper legal authority, they would be in breach of this section.
- Violation in Investigation Procedure
- If a public servant conducts an investigation without following the legal process or rules, they are violating this section. For instance, if a police officer doesn’t follow the required method for collecting evidence, they can be charged under BNS Section 199.
- Failure to Record Information
- A public servant must record any information given under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, especially in cognizable offences. Failing to do so can lead to punishment. For example, if a police officer does not log a complaint related to serious crimes like murder, they are disobeying the law.
- Specific Offences Covered
- This section covers serious offences listed under Sections 64 to 144 of the Bharatiya Nagarik Suraksha Sanhita. Public servants must be diligent when handling cases related to these offences.
- Punishment of Public Servants
- If a public servant is found guilty under this section, they face rigorous imprisonment of 6 months to 2 years and may also be fined. The imprisonment is meant to deter misconduct.
- Bailable Offence
- The offence is bailable, meaning the accused public servant can apply for bail. Despite being a serious charge, the law allows for the possibility of release while awaiting trial.
- Cognizable Offence
- The offence under BNS Section 199 is cognizable, meaning that the police have the authority to arrest the accused public servant without a warrant and start an investigation immediately.
- Non-Compoundable Offence
- The offence is non-compoundable, meaning that the parties involved cannot settle the case out of court. This ensures that serious violations of legal duties by public servants are handled through the judicial process.
- Tried by Magistrate of First Class
- The case is triable by a Magistrate of the first class. This ensures that a higher level of judicial authority oversees the trial, reflecting the seriousness of the charge.
- Protecting Public Trust
- The section is essential in maintaining the public’s trust in government authorities. It ensures that public servants are held accountable for misconduct, preserving the integrity of the legal and investigative process.
Examples:
- Example 1: Improper Investigation Procedure
- A police officer is tasked with investigating a theft case. Instead of following proper legal guidelines, the officer conducts searches without obtaining a warrant or informing the suspect. This officer could be punished under BNS Section 199 for not adhering to the rules.
- Example 2: Failure to Record Information
- A citizen reports a case of kidnapping, but the public servant fails to record the complaint in the official records. Since kidnapping is a cognizable offence, this omission is a violation of BNS Section 199, and the public servant can face imprisonment.
BNS 199 Punishment
- Imprisonment: Minimum of 6 months to a maximum of 2 years.
- Fine: In addition to imprisonment, the guilty public servant is liable to pay a fine.

BNS 199 bailable or not ?
Bailable: Yes, BNS Section 199 is bailable, meaning the accused public servant can apply for bail and be released from custody while awaiting trial.
Bharatiya Nyaya Sanhita Section 199
Points | Description |
---|---|
Offence | Public servant disobeying legal directions during an investigation or failing to record information. |
Definition | Disobeying legal instructions or not recording information for certain serious offences. |
Punishment | Rigorous imprisonment of not less than 6 months, up to 2 years, and a fine. |
Bailable | Yes |
Cognizable | Yes |
Compoundable | No |
Trial by | Magistrate of the first class |
BNS Section 199 FAQs
What is the focus of BNS Section 199?
BNS Section 199 focuses on holding public servants accountable for disobeying legal directions during investigations or failing to record critical information about serious offenses.
What are the penalties for violating BNS Section 199?
The punishment includes rigorous imprisonment for at least 6 months, which can extend to 2 years, and a fine.
Is BNS Section 199 a bailable offense?
Yes, offenses under BNS Section 199 are bailable, allowing the accused to be released on bail.
Can public servants be arrested without a warrant under BNS Section 199?
No, since the offense is non-cognizable, the police cannot arrest a public servant without a warrant.
What types of offenses require mandatory recording of information under this section?
Public servants must record information related to serious cognizable offenses, including those mentioned in Sections 64 to 79, 124, 143, and 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Who is responsible for handling cases under BNS Section 199?
Cases under this section are handled by a Magistrate of the first class.
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