Code:
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 to cause, or knowing it to be likely that he will by such disobedience, 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.
IIIustration
A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.
Explanation:
This section deals with the criminal liability of a public servant who intentionally disobeys a legal directive, causing harm to someone. The key elements of this offense are:
- Public Servant: The accused must be a public servant as defined in IPC Section 21.
- Disobeying Law: The accused must disobey a specific direction of law, which means a legal rule or regulation that they are bound to follow by virtue of their position.
- Intention or Knowledge of Causing Injury: The accused must act with the intent to cause injury or with the knowledge that their disobedience will likely cause injury to someone.
- Injury: The injury caused can be physical, mental, or financial.
Illustration:
Consider a police officer who is instructed by a superior to stop a particular person from entering a certain area. If the officer intentionally disobeys this order and allows the person to enter, knowing that this will likely lead to a fight or other harm, then the officer may be charged under Section 166.
Common Questions and Answers:
Q: What is the difference between Section 166 and Section 188?
A: Section 188 applies to anyone who disobeys a lawful order, whereas Section 166 specifically targets public servants. Additionally, Section 166 requires intent or knowledge of causing injury, which is not a requirement under Section 188.
Q: What are the possible defenses against a charge under Section 166?
A: Possible defenses include:
- The order disobeyed was illegal or unreasonable.
- The accused was not aware of the order.
- The accused did not intend to cause injury, or there was no reasonable likelihood of injury being caused.
Q: What are the penalties for violation of Section 166?
A: The penalty for violating Section 166 is imprisonment up to 3 years, a fine, or both.
