Section 199 BNS: Public Servant Disobeying Direction Under Law

Section 199 of the Bharatiya Nyaya Sanhita, 2023 creates criminal liability for specified forms of unlawful conduct by a public servant during investigation, including prohibited attendance requirements, prejudicial disobedience of investigation-related legal directions and failure to record information concerning certain serious cognizable offences.

Law in force: The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) came into force on 1 July 2024, except section 106(2). Section 199 forms part of Chapter XII, dealing with offences by or relating to public servants.

Text of Section 199 BNS

199. Public servant disobeying direction under law.

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 into an offence or any other matter; 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

(c) fails to record any information given to him under sub-section (1) of section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under section 64, section 65, section 66, section 67, section 68, section 70, section 71, section 74, section 76, section 77, section 79, section 124, section 143 or section 144,

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.

Clause-wise Explanation of Section 199

Clause (a): Unlawful requirement to attend a place

Clause (a) applies where a public servant knowingly disobeys a legal direction that prohibits requiring a person to attend at a place for the purpose of investigation into an offence or any other matter.

Clause (b): Disobedience of investigation procedure

Clause (b) applies where a public servant knowingly disobeys another legal direction regulating the manner of investigation and the disobedience is to the prejudice of a person.

Clause (c): Failure to record information

Clause (c) applies where a public servant fails to record information given under Section 173(1) BNSS concerning a cognizable offence punishable under one of the BNS provisions expressly listed in Section 199(c).

Specific statutory duties: Section 199 is not a general offence for every procedural irregularity by a public servant. The alleged conduct must fall within clause (a), (b) or (c), and the relevant legal direction or statutory duty should be identified.

Section 173(1) BNSS and Recording of Information

Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with information relating to the commission of a cognizable offence given to an officer in charge of a police station. Section 199(c) specifically criminalises failure to record such information when it concerns any of the listed BNS offences.

The offences referred to in Section 199(c) are those punishable under Sections 64, 65, 66, 67, 68, 70, 71, 74, 76, 77, 79, 124, 143 and 144 BNS.

Punishment, Cognizability, Bail and Court

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies Section 199 as follows:

Provision	Punishment	Cognizable	Bailable	Triable by
Section 199 BNS	Rigorous imprisonment for not less than 6 months and up to 2 years, and fine	Yes	Yes	Magistrate of the First Class

Difference Between Sections 198 and 199 BNS

Section 198 is a general provision concerning a public servant who knowingly disobeys a direction of law as to official conduct with intent to cause injury or knowledge that injury is likely.
Section 199 targets specified forms of disobedience connected with investigation and failure to record information concerning listed cognizable offences.
Section 198 is punishable with simple imprisonment up to one year, or fine, or both.
Section 199 carries rigorous imprisonment of at least six months and up to two years, and fine.
Section 198 is non-cognizable and bailable, whereas Section 199 is cognizable and bailable.
Both are triable by a Magistrate of the First Class.

Official Resources

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

This page is intended as a general legal information resource. Application of Section 199 to a particular complaint, investigation or prosecution depends on the exact legal duty, the alleged act or omission, the facts and the evidence.