When Duty is Derailed
Public servants hold positions of trust and responsibility. They are expected to follow the law and carry out their duties honestly and fairly. However, when a public servant misuses their position, disobeys legal directions, acts dishonestly or engages in conduct that harms others, it becomes a serious matter for society. The Bharatiya Nyaya Sanhita, 2023 (BNS) sets out clear punishments for different kinds of offences committed by or relating to public servants. These provisions aim to maintain discipline, protect the rights of citizens and ensure that no one in public service uses their authority for personal gain or to cause harm.
Who commits the offence of disobeying the law as a public servant with intent to cause injury?
A person commits this offence if, being a public servant, they knowingly disobey any direction of the law about the way they must conduct themselves as such public servant, intending to cause, or knowing it to be likely that they will cause, injury to any person.
What is the punishment for a public servant who disobeys the law with intent to cause injury?
The punishment is simple imprisonment for a term which may extend to one year, or with fine, or with both.
Is there any example of a public servant disobeying the law with intent to cause injury?
Yes. If an officer directed by law to take property in execution to satisfy a decree in Z’s favour knowingly disobeys that legal direction, knowing it is likely to cause injury to Z, they commit this offence.
When does a public servant commit the offence of disobeying a direction under law?
A public servant commits this offence if they:
(a)
knowingly disobey any direction of the law prohibiting them from requiring any person to attend at any place for the purpose of investigation into an offence or any other matter; or
(b)
knowingly disobey, to the prejudice of any person, any other legal direction regulating the manner of conducting such investigation; or
(c)
fail to record any information given under the prescribed law in relation to certain specified cognizable offences.
What is the punishment for a public servant disobeying a direction under law?
The punishment is rigorous imprisonment for a term not less than six months and which may extend to two years and the person is also liable to fine.
Who commits the offence of non-treatment of a victim?
A person commits this offence if they are in charge of a hospital, public or private whether run by the Central Government, State Government, local bodies, or any other person and they contravene the provisions that require treatment of victims.
What is the punishment for non-treatment of a victim?
The punishment is imprisonment for a term which may extend to one year, or with fine, or with both.
When does a public servant commit the offence of framing an incorrect document with intent to cause injury?
A public servant commits this offence if, being charged with the preparation or translation of any document or electronic record, they frame, prepare, or translate it in a way they know or believe to be incorrect, intending or knowing it to be likely that it will cause injury to any person.
What is the punishment for a public servant framing an incorrect document with intent to cause injury?
The punishment is imprisonment of either description for a term which may extend to three years, or with fine or with both.
When does a public servant commit the offence of unlawfully engaging in trade?
A public servant commits this offence if, while being legally bound not to engage in trade, they engage in trade.
What is the punishment for a public servant unlawfully engaging in trade?
The punishment is simple imprisonment for a term which may extend to one year, or with fine, or with both or with community service.
When does a public servant commit the offence of unlawfully buying or bidding for property?
A public servant commits this offence if, while being legally bound not to purchase or bid for certain property, they purchase or bid for that property either in their own name, in the name of another, jointly, or in shares with others.
What is the punishment for a public servant unlawfully buying or bidding for property?
The punishment is simple imprisonment for a term which may extend to two years, or with fine, or with both, and the property, if purchased, shall be confiscated.
What is the offence of personating a public servant?
This offence is committed when a person pretends to hold any particular public servant office, knowing they do not hold it, or falsely personates another person holding such office and in that assumed character does or attempts to do any act under colour of such office.
What is the punishment for personating a public servant?
The punishment is imprisonment of either description for a term not less than six months and which may extend to three years and with fine.
When is a person guilty of wearing garb or carrying a token used by a public servant with fraudulent intent?
A person is guilty if, without belonging to a certain class of public servants, they wear any garb or carry any token resembling one used by that class, intending or knowing it is likely to be believed that they belong to that class.
What is the punishment for wearing garb or carrying a token used by a public servant with fraudulent intent?
The punishment is imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees or with both.
Therefore, the offences by or relating to public servants directly affect the fairness, integrity and trust in our public institutions. The BNS takes such acts seriously by prescribing clear punishments for misconduct, dishonesty and abuse of power. These laws remind every public servant that authority comes with accountability and that the law applies equally to all whether in a position of power or not. By enforcing these provisions, society can ensure that public service remains a duty of honour not an opportunity for exploitation.
Muneeb Rashid Malik is an Advocate. He tweets @muneebmalikrash.
