What is Section 166A IPC? Public servant disobeying direction under law
Published on: Lawiz Team
Detailed explanation of Section 166A IPC: Public servant disobeying direction under law.
Official Legal Text
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 or inquiry, 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 inquiry,
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.
What This IPC Section Means – Explained in Simple Words
Section 166A punishes a public servant who disobeys a legal direction or fails to perform their duty as required by law.
Purpose
To ensure that public servants comply with legal directions and perform their duties.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 6 months to 2 years, and fine.
Key Elements
The public servant must knowingly disobey a legal direction or fail to perform their duty.
Punishment Details
Imprisonment for a term which may extend to two years, or with fine, or with both.
Legal Defenses
If the public servant can prove they were unaware of the legal direction or acted in good faith.
Judicial Interpretation
Courts focus on whether the direction was clear and whether the disobedience was intentional.
Illustration
If a medical officer refuses to provide free treatment to a rape victim as required by law, they can be punished under Section 166A.
FAQs
What does Section 166A IPC define?
Public servant disobeying direction under law.
Where is Section 166A IPC applicable?
It deals with public servant disobeying direction under law in public service or criminal situations.
Why is Section 166A IPC significant?
It protects public order, honesty in administration, and discourages criminal misconduct.
Give a real-world example involving Section 166A IPC.
Examples include public servants accepting bribes, unlawful assemblies, and misuse of official positions.
What punishment is applicable under Section 166A IPC?
Punishment varies from fines to imprisonment based on the offence's seriousness.
Is Section 166A IPC related to other provisions?
Yes, often linked with sections involving corruption, unlawful acts, or government integrity.
How do courts view Section 166A IPC?
Courts interpret it strictly to ensure justice, accountability, and safeguard public trust.