According to section 166 of the Indian Penal Code,
Whoever, being a public servant, knowingly disobeys any direction of law as to the manner in which he is to conduct himself as a public servant, intending or knowing it to be likely that by such disobedience he will shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Applicable offenses:
Disobedience to law by a public servant with intent to cause harm to any person.
Punishment – Simple imprisonment for one year or fine or both.
It is a bailable, non-cognizable offense and is triable by a Magistrate of the First Class.
Section 166 IPC (Disobedience to law by a public servant with intent to cause injury to any person)
Section 166 of the Indian Penal Code, 1860 discusses an offense committed by a person in the employ of a government or by a public servant, including the offense itself and its prevention and the prevention of future occurrence of the offence. Provision of punishment has also been given to prevent it. According to this section 166, if any person holding any post in the Government service, being a public servant, willfully violates any provision of any law or disobeys that law in such manner as the Government may That public servant has been given instructions to administer that law. That public servant or person doing government job knows very well that by doing such an act or violating that law, any other person may be harmed, or that other person may be caused any kind of injury. can,
In other words, if a government employee or a public servant misbehaves in any way with another person, or he misuses his position and causes atrocities on that person, or he himself inflicts atrocities on that person. If he attacks only with the intention of causing hurt, then such public servant is guilty of the offense described in section 166 of the Indian Penal Code, and is also entitled to be punished for the act committed by him.
Provision of punishment as per section 166
Generally, people shy away from going to the government office for any complaint, because they have this misconception in their mind that any officer or employee in that government office will misbehave with them, or harass them. But that common citizen is not aware that according to Indian law, no government employee can misbehave with any person, if a public servant is found harassing another person, So he has been given appropriate punishment for his act.
According to Section 166 of the Indian Penal Code, a government servant who violates the law with intent to cause injury to another person is punished with imprisonment of either description for a term which may extend to a maximum of one year. Like other crimes, in Section 166 of the Indian Penal Code, there is a provision for imprisonment as well as financial penalty. If a government employee causes any kind of injury or insults a common man, then this provision of IPC can be applicable on that government employee.
Chapter 22 of the IPC also includes punishment of imprisonment or fine for the offense of insulting another person by a public servant. This crime is considered a complex crime according to the Criminal Procedure Code 1973. For this, first of all file an FIR in any police station nearest to you for the work done by that government employee. I.R. It is mandatory to register. F. I.R. Only after registration is the first step of legal proceedings initiated.
Jaskaran Singh Advocate
B.Com, LLB, LLM (Hons)
Punjab and Haryana High Court
Chember no 144,New Courts,Jalandhar
Res-Cum-Office-31 Golden Avenue Phase-1 JALANDHR CITY
M 9915005451