Law of Crimes
Subjects / Law of Crimes / Offences by and Relating to Public Servants
Unit 4 · Offences Against the State & Public Tranquillity

Offences by and Relating to Public Servants

BNS Chapter XII (S.198 to S.205) covers offences by public servants (disobeying law, framing incorrect documents, unlawful trade, unlawful purchase); Chapter XIII (S.206 to S.226) covers contempts of lawful authority (absconding, non-attendance, disobedience, furnishing false information, obstructing, threatening public servants, and the new S.226 penalising attempt to commit suicide to compel a public servant).

These two chapters address the relationship between public servants and the public from both directions: Chapter XII punishes public servants who abuse their office, and Chapter XIII punishes members of the public who obstruct or disobey public servants in the lawful exercise of their functions.

BNS 2023 Renumbering

BNS Chapter XII (S.198 to S.205) = IPC S.166 to S.171 (consolidated). BNS Chapter XIII (S.206 to S.226) = IPC S.172 to S.190 (consolidated). BNS S.200 (non-treatment of victim) and S.226 (attempt to commit suicide to compel) are new provisions with no IPC equivalent.

Chapter XII: Offences BY Public Servants (S.198 to S.205)

Section Offence Punishment
S.198 Disobeying law with intent to cause injury Simple imprisonment up to 1 year, or fine, or both
S.199 Disobeying direction of law (including failure to register FIR for specified offences under BNSS S.173) 6 months to 2 years RI + fine
S.200 Non-treatment of victim (hospital in-charge contravening BNSS S.397) Up to 1 year, or fine, or both (New)
S.201 Framing incorrect document with intent to cause injury Up to 3 years, or fine, or both
S.202 Unlawfully engaging in trade (while bound not to) Simple imprisonment up to 1 year, or fine, or both, or community service
S.203 Unlawfully buying or bidding for property (while bound not to) Simple imprisonment up to 2 years, or fine, or both; property confiscated
S.204 Personating a public servant (pretending to hold office) 6 months to 3 years + fine
S.205 Wearing garb or carrying token of a public servant with fraudulent intent Up to 3 months, or fine up to Rs. 5,000, or both

S.199: Failure to Register FIR (New Emphasis)

S.199(c) specifically penalises a public servant who fails to record information given under BNSS S.173(1) in relation to cognizable offences under S.64, S.65, S.66, S.67, S.68, S.70, S.71, S.74, S.76, S.77, S.79, S.124, S.143 or S.144 (rape, sexual offences, acid attack, trafficking).

Punishment: 6 months to 2 years RI + fine. This is a targeted response to complaints of police refusal to register FIRs in sexual offence cases.

S.200: Non-Treatment of Victim (New)

Any person in charge of a hospital (public or private) who contravenes BNSS S.397 (duty to provide free first-aid and treatment to victims of acid attacks, rape and other specified offences) is punishable with up to 1 year or fine or both.

Chapter XIII: Contempts of Lawful Authority (S.206 to S.226)

Section Offence Punishment
S.206 Absconding to avoid service of summons/notice Up to 1 month or Rs. 5,000 fine; if to attend court: up to 6 months or Rs. 10,000
S.208 Non-attendance in obedience to order Same as S.206
S.210 Omission to produce document to public servant Up to 1 month or Rs. 5,000; if for court: 6 months or Rs. 10,000
S.211 Omission to give notice/information legally bound to give Up to 1 month or Rs. 5,000; if regarding an offence: 6 months or Rs. 10,000
S.212 Furnishing false information to a public servant Up to 6 months or Rs. 5,000; if regarding offence: up to 2 years or fine or both
S.213 Refusing oath/affirmation when required Up to 6 months or Rs. 5,000
S.214 Refusing to answer authorised questions Up to 6 months or Rs. 5,000
S.217 Giving false information with intent to cause public servant to use lawful power to injure another Up to 1 year or Rs. 10,000 fine or both
S.221 Obstructing public servant in discharge of functions Up to 3 months or Rs. 2,500 or both
S.223 Disobedience to order duly promulgated Up to 6 months or Rs. 2,500 (obstruction/annoyance); up to 1 year or Rs. 5,000 (danger to life/health/riot)
S.224 Threat of injury to public servant Up to 2 years, or fine, or both
S.226 Attempt to commit suicide to compel or restrain public servant from lawful duty Simple imprisonment up to 1 year, or fine, or both, or community service (New)

S.226: Attempt to Commit Suicide to Compel (New)

This provision has no IPC equivalent. It criminalises the act of attempting suicide specifically to compel or restrain a public servant from discharging official duty. It is narrow: general attempt to commit suicide (formerly IPC S.309, now decriminalised for mental health cases by the Mental Healthcare Act 2017 S.115) is not caught.

Recall Check

  1. What is the new offence in S.200?
  2. Which offences against women trigger the S.199(c) duty to register?
  3. What does S.226 specifically penalise?
  4. What is the punishment for personating a public servant (S.204)?

Distinctions

Basis Offences BY Public Servants (Ch.XII) Offences Against Public Servants (Ch.XIII)
Who is punished The public servant who abuses his office The member of the public who obstructs or disobeys
Object Accountability of the officer Protection of the officer's function
Example S.198: officer disobeys law to injure someone S.221: citizen obstructs officer in his duty
Overlap with anti-corruption law Yes: Prevention of Corruption Act 1988 covers the same territory with higher penalties No
Basis S.204 (Personating a Public Servant) S.205 (Wearing Garb of Public Servant)
Nature Pretending to hold office and acting under colour of it Merely wearing the garb or token to be believed a member of that class
Requirement An act or attempt to do an act under colour of the office No act under colour required; the wearing itself with fraudulent intent suffices
Punishment 6 months to 3 years + fine Up to 3 months or Rs. 5,000
Example Pretending to be a police inspector and conducting a search Wearing a police uniform to gain entry but not purporting to exercise official power
Basis S.212 (Furnishing False Information) S.217 (False Information to Injure Another)
Mens rea Knows or has reason to believe the information is false Knows or believes it false + intent to cause injury to another or to cause the public servant to use power to injure
Victim The public servant is misled A third person is injured by the public servant's action
Punishment Up to 6 months (general); 2 years (regarding offence) Up to 1 year or Rs. 10,000
Example Giving a false address to a tax officer Filing a false FIR to get a rival arrested

Flashcards

What is the new offence in S.200?

Non-treatment of a victim. A hospital in-charge who fails to provide free first-aid to victims of specified offences (acid attack, rape, trafficking) is punishable.

What is S.226 (new in BNS)?

Attempt to commit suicide specifically to compel or restrain a public servant from discharging his official duty. Punishable with up to 1 year, fine or community service.

What is the punishment for personating a public servant under S.204?

6 months to 3 years imprisonment plus fine.

What offences does S.199(c) cover?

Failure to register FIR for cognizable offences under S.64 to S.79 (sexual offences), S.124 (acid), S.143 to S.144 (trafficking).

What distinguishes S.212 from S.217?

S.212: furnishing false information (misleading the officer). S.217: giving false information with intent to cause the public servant to use his power to injure a third person.

Exam Scenario

Problem: A woman reports a sexual assault to the Station House Officer (SHO). The SHO refuses to record the FIR, telling her to "go away and settle it." Separately, a man dressed in a police uniform arrives at a shopkeeper's premises, claims to be a Sub-Inspector, and demands Rs. 5,000 as a "fine" for a non-existent violation. Advise on the criminal liability of the SHO and the impersonator.

Step 1: The SHO under S.199(c)

Element SHO
Public servant Yes
Legally bound to record information under BNSS S.173(1) Yes: sexual assault is cognizable
The offence reported is one of those listed in S.199(c) Yes: S.64 (rape) or S.74 (outraging modesty)
Knowingly disobeys Yes: he refuses and tells her to go away

The SHO is liable under S.199(c): 6 months to 2 years RI + fine.

Step 2: The impersonator under S.204

Element Impersonator
Pretends to hold a particular office Yes: claims to be a Sub-Inspector
Knows he does not hold it Yes
In such assumed character does or attempts to do an act under colour of office Yes: demands a "fine" (an act a police officer might do)

He is liable under S.204: 6 months to 3 years + fine.

Additionally, the demand for Rs. 5,000 under threat of a non-existent violation is extortion under S.308 (inducing fear of injury to property/reputation, dishonestly obtaining money). The impersonation is the means of the extortion.

Two traps in this problem

S.199(c) is a mandatory duty, not discretionary. The SHO cannot exercise a discretion to refuse. Cognizable offences listed in S.199(c) must be registered. Refusal is itself a criminal offence.

Impersonation plus extortion are cumulative. The impersonator faces both S.204 (the personation) and S.308 (the extortion achieved through it). Do not charge only one.

Conclusion. The SHO: S.199(c), 6 months to 2 years. The impersonator: S.204 (6 months to 3 years) + S.308 (extortion, up to 7 years).

See Also