Section 198 BNS: Public Servant Disobeying Law With Intent to Cause Injury

Section 198 of the Bharatiya Nyaya Sanhita, 2023 applies where a public servant knowingly disobeys a legal direction governing the manner in which the public servant must conduct himself or herself in official capacity, with intent to cause injury to a person or with knowledge that such injury is likely to result.

Law in force: The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) came into force on 1 July 2024, except section 106(2). Section 198 forms part of Chapter XII, dealing with offences by or relating to public servants.

Text of Section 198 BNS

198. Public servant disobeying law, with intent to cause injury to any person.

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Statutory Illustration

A, being an officer directed by law to take property in execution in order to satisfy a decree pronounced in Z's favour by a Court, knowingly disobeys that direction of law, with knowledge that he is likely thereby to cause injury to Z. A commits the offence defined in Section 198.

The illustration shows that the provision focuses on a public servant's deliberate departure from a legal direction governing official conduct, together with the required intent or knowledge concerning injury.

Essential Ingredients of Section 198

The accused must be a public servant.
There must be a direction of law governing the way the public servant is required to conduct himself or herself in official capacity.
The public servant must knowingly disobey that legal direction.
The disobedience must be accompanied by intent to cause injury to a person, or knowledge that injury is likely to be caused by the disobedience.

Mere administrative error is not enough: The statutory wording requires knowing disobedience together with the specified intention or knowledge relating to injury. The precise legal direction allegedly disobeyed is therefore material.

Meaning of "Injury" Under Section 2(14) BNS

Section 2(14) of the Bharatiya Nyaya Sanhita defines "injury" as any harm whatever illegally caused to any person in body, mind, reputation or property.

Accordingly, Section 198 is not confined to physical injury. Depending on the facts and the legal direction involved, the alleged injury may concern bodily harm, mental harm, reputation or property, provided the statutory requirements are otherwise satisfied.

Punishment, Cognizability, Bail and Court

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies Section 198 as follows:

Provision	Punishment	Cognizable	Bailable	Triable by
Section 198 BNS	Simple imprisonment up to 1 year, or fine, or both	No - non-cognizable	Yes	Magistrate of the First Class

Because the offence is classified as non-cognizable, the procedural rules applicable to investigation of non-cognizable cases under the BNSS must be considered where an investigation is sought.

Difference Between Sections 198 and 199 BNS

Sections 198 and 199 both deal with unlawful conduct by public servants, but their ingredients and punishments differ.

Section 198 is a general provision concerning knowing disobedience of a legal direction as to official conduct, coupled with intent to cause injury or knowledge that injury is likely.
Section 199 deals with specific forms of disobedience concerning investigation, including unlawful requirements for attendance, disobedience of directions regulating investigation, and failure to record information concerning specified cognizable offences.
Section 198 carries simple imprisonment up to one year, or fine, or both.
Section 199 carries rigorous imprisonment of not less than six months and up to two years, and fine.
Section 198 is non-cognizable and bailable; Section 199 is cognizable and bailable under the BNSS First Schedule.

Official Resources

For authoritative statutory text and procedural classification, refer to the official Government of India sources.

This page is intended as a general legal information resource. Application of Section 198 to a particular complaint, prosecution or official act depends on the exact legal direction, the alleged disobedience, the required state of mind and the evidence.