A Public Servant Disobeying the Law Under the BNS (Section 198): IPC 166 Mapping (2026)
What it means for a public servant to disobey a direction of law under Section 198 of the Bharatiya Nyaya Sanhita, 2023, which IPC section it replaces, the punishment, and whether it is cognizable and bailable. Last verified October 2026.
Explainer · BNS · Offences By or Relating to Public Servants
A public servant is bound by law in how he does his job. When he knowingly disobeys a direction of that law so as to cause injury to someone, the disobedience is itself an offence. Since 1 July 2024 this offence has a new address. The Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), and a public servant disobeying a direction of law is now Section 198. This explainer sets out what Section 198 says, which old IPC section it replaces, the punishment, and whether the offence is cognizable and bailable. Last verified October 2026.
- New code: a public servant disobeying a direction of law is Section 198 of the Bharatiya Nyaya Sanhita, 2023.
- Old code: it replaces Section 166 of the Indian Penal Code, 1860.
- Punishment: simple imprisonment up to 1 year, or fine, or both.
- Classification: non-cognizable, bailable, triable by a Magistrate of the first class, non-compoundable.
- Watch for: prosecuting a public servant often needs prior sanction, which should be checked early.
01The problem: a duty backed by criminal law
A public servant acts under the law, not above it. The law tells him how to conduct himself in his office, for example how to deal with an arrest, a record, a sanction, or a complaint. When he knowingly breaks one of those directions, and does so meaning to harm a person or knowing harm is likely, the law treats that disobedience as a crime, not just a service lapse.
The practical problem today is the number. For generations this offence was Section 166 of the Indian Penal Code, 1860. From 1 July 2024 it has become Section 198 of the BNS. A complaint drawn today must use Section 198, while a search for older authorities still needs Section 166.
A public servant who knowingly disobeys the law so as to cause injury commits an offence. In the new code it is Section 198 of the BNS, the old Section 166 of the IPC.
02What Section 198 covers
Section 198 of the BNS applies to a public servant who knowingly disobeys any direction of the law as to the way in which he is to conduct himself as a public servant, and who does so:
- intending to cause injury to any person; or
- knowing it to be likely that he will, by such disobedience, cause injury to any person.
Two parts must be present. First, the disobedience must be knowing, not an honest mistake about what the law requires. Second, the public servant must mean to cause injury, or at least know that injury is likely. "Injury" here is used in its wide legal sense of harm caused to a person in body, mind, reputation or property.
Knowing disobedience, not an error
The section is about deliberate disobedience of a known legal direction, aimed at or likely to cause harm. A genuine error of judgment, or a reasonable difference of view about what the law requires, is not the same thing. That line is often the heart of the case.
03The old-to-new mapping
The offence moves across as a single section.
| Old code (IPC, 1860) | New code (BNS, 2023) | What it does |
|---|---|---|
| Section 166 | Section 198 | Public servant disobeying a direction of law, intending or knowing it likely to cause injury |
So the search term "section 166 IPC in BNS" points to Section 198. The related offences about public servants, such as framing an incorrect record or disobeying a direction to not prosecute, sit in the sections just after Section 198 in the BNS. For the wider renumbering, see the IPC to BNS section converter and the key changes from the IPC to the BNS.
04Punishment and classification
The punishment under Section 198 is simple imprisonment for a term that may extend to one year, or fine, or both. The imprisonment here is simple, not rigorous.
On classification, the offence is treated as:
- Cognizable or not: non-cognizable.
- Bailable or not: bailable.
- Triable by: a Magistrate of the first class, and the offence is non-compoundable.
The old Section 166 of the IPC carried the same punishment, simple imprisonment up to one year, or fine, or both, so the penalty is unchanged.
05Why the sanction matters
A case under Section 198 is against a public servant for an act done, or claimed to be done, in his official role. The law gives public servants a measure of protection against prosecution for acts done while acting or purporting to act in the discharge of official duty. In many such cases the prosecution cannot go ahead without prior sanction from the appropriate government or authority.
This is a real gateway in practice. Before a court takes cognizance, it often has to be shown that the required sanction was obtained, or that it was not needed on the facts. Whether sanction is needed, and from whom, depends on the service rules and the general law on prosecuting public servants, so this should be checked early.
06What changed, and what did not
In substance the offence is carried over from the IPC almost unchanged. The BNS kept the two ingredients, knowing disobedience of a direction of law, and an intention or knowledge that injury is likely. It kept the one-year maximum of simple imprisonment, and the fine, or both. The main change is the renumbering, from Section 166 to Section 198.
Because the offence is substantially the same, case law decided under Section 166 of the IPC still guides how Section 198 is read. For research that means covering both the old and the new numbers.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A case under Section 198 leans on earlier rulings about knowing disobedience and about the sanction needed to prosecute a public servant, and the research is harder because the section was renumbered in 2024. Claw lets you search more than 30 crore judgments in under five seconds, with Supreme Court decisions from 1950 and High Court decisions from 1990, so you can draw on authorities under both Section 198 of the BNS and the old Section 166 of the IPC, including the rulings on sanction. It also lets you follow a live matter under this section, its orders and hearings, by party or advocate name across 9,102 courts, benches and forums. Create a free Claw account to gather the sanction and disobedience rulings and track a current matter. For the wider view, see case search across Indian courts.
Claw does not file a case or give legal advice, and it does not use customer case documents to train its AI models.
08Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Bare text of BNS Section 198 (reference): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. Section numbers and punishments change through amendments and notifications, so check the current official text and take advice from counsel before you act.
09Frequently asked questions
What is Section 198 of the BNS?
Section 198 of the Bharatiya Nyaya Sanhita, 2023 punishes a public servant who knowingly disobeys a direction of law about how he is to conduct himself, intending or knowing it likely that he will cause injury to a person. It replaced Section 166 of the Indian Penal Code from 1 July 2024.
Which IPC section is now BNS Section 198?
BNS Section 198 replaces Section 166 of the Indian Penal Code, which created the same offence of a public servant disobeying a direction of law. The punishment is unchanged.
What is the punishment under Section 198 BNS?
Simple imprisonment for a term up to one year, or a fine, or both. The imprisonment is simple, not rigorous, which matches the old Section 166 of the IPC.
Is the offence under Section 198 cognizable and bailable?
It is treated as non-cognizable, bailable, triable by a Magistrate of the first class, and non-compoundable. Because it is non-cognizable, the police generally cannot investigate without a Magistrate’s order. Confirm the position against the current First Schedule of the Bharatiya Nagarik Suraksha Sanhita.
Is sanction needed to prosecute a public servant under Section 198?
Often, yes. Where the act is done or purported to be done in the discharge of official duty, the law frequently requires prior sanction from the appropriate authority before a court can take cognizance. Whether it is needed, and from whom, should be checked on the facts and the service rules.
Can I find and track Section 198 cases in Claw?
Yes. Claw searches more than 30 crore judgments in under five seconds across both Section 198 of the BNS and the old Section 166 of the IPC, and it lets you follow live cases, orders and hearings by party or advocate name across 9,102 courts, benches and forums. It supports the research and tracking, and does not file the case or give legal advice.