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 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
- What is the new offence in S.200?
- Which offences against women trigger the S.199(c) duty to register?
- What does S.226 specifically penalise?
- 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.
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
- False Evidence and Offences against Public Justice : false information that obstructs the course of justice.
- Offences against the State : the graver interference with State authority.
- Definitions under BNS S.2 : the definition of "public servant" under S.2(28).