IPC Section 166 - 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 thereby to cause, or knowing it to be likely that he will thereby 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.

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Bailable, Cognizable

Official Text

“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 thereby to cause, or knowing it to be likely that he will thereby 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.”

Legal Analysis

Elements to Prove:

  • The accused was a public servant.
  • They knowingly disobeyed a direction of law.
  • The disobedience was regarding their official conduct.
  • They intended to cause injury or knew it was likely.

Potential Defenses:

  • The accused was not a public servant.
  • The disobedience was not knowing.
  • No injury was intended or likely.
  • The accused was acting under emergency circumstances.

Practical Examples

What Constitutes the Offense:

A police officer deliberately not registering an FIR to protect someone, or a government official ignoring mandatory procedures.

What Doesn't Constitute:

A public servant making an honest mistake, or acting under emergency circumstances.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court held that this section applies when a public servant willfully violates legal procedures, knowing that such violation will cause injury to others.

Punishment

Simple imprisonment for up to 1 year, or Fine, or both

Related Information

Connected Sections:

This section deals with willful misconduct by public servants. It is often charged alongside other misconduct offenses.

Procedural Aspects:

Prosecution requires sanction from the competent authority. The case is triable by a Magistrate of the first class.

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