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BNS Chapter 12 – Offences by or Relating to Public Servants (Explained with Sections 198 to 205)

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The Bharatiya Nyaya Sanhita, 2023 (BNS) has modernized India’s criminal law to address today’s realities. Chapter 12 focuses on a critical aspect of governance—public servants who violate the law or misuse their authority. This chapter ensures public accountability by clearly outlining what actions by public officials are punishable and how impersonation of public servants is handled under the law.

In this detailed guide, you’ll learn everything about BNS Chapter 12: Of Offences by or Relating to Public Servants, including Sections 198 to 205, explained in simple terms with real-world relevance.

 


 

✅ What Is BNS Chapter 12?

Chapter 12 of Bharatiya Nyaya Sanhita, 2023 covers offences committed by public servants or those impersonating them. These sections are designed to:

  • Hold government officials legally accountable

  • Prevent misuse of power and authority

  • Punish impersonation of public servants

  • Safeguard citizens from administrative misconduct

This chapter is especially relevant in an era where public trust in institutions depends on transparency, fairness, and accountability.

 


 

📘 Sections Under BNS Chapter 12 (198 to 205)

Let’s break down each section with practical examples:

 


 

🔹 Section 198 – Public Servant Disobeying Law to Cause Injury

This applies when a public servant knowingly disobeys the law with the intent to harm someone.

Example: A police officer intentionally avoids making an arrest despite a court order, resulting in injury to the complainant.

Punishment: Imprisonment up to 2 years, or fine, or both.

Keyword: public servant disobeying law under BNS

 


 

🔹 Section 199 – Public Servant Disobeying Direction Under Law

Even without malicious intent, a public servant who fails to follow legal directions can be punished.

Example: A government officer ignores environmental regulations while approving construction.

Punishment: Up to 1 year imprisonment, or fine, or both.

 


 

🔹 Section 200 – Nontreatment of Victims

If a public hospital doctor or police officer refuses immediate help to a victim, they are liable under this section.

Example: A hospital demands a police report before treating a rape victim.

Penalty: Action as per the severity of neglect, often under separate victim-centric laws.

Focus: victim rights under BNS Chapter 12

 


 

🔹 Section 201 – Framing Incorrect Documents to Cause Injury

This section punishes public officials who intentionally prepare false or misleading records.

Example: A revenue officer falsely records someone else's land in another person’s name.

Punishment: Up to 3 years imprisonment, or fine, or both.

Long-tail keyword: forging official records by public servants

 


 

🔹 Section 202 – Unlawful Trade by Public Servants

Public servants cannot engage in private business or trade without official approval.

Example: A government engineer runs a private construction business using public resources.

Penalty: Disciplinary and criminal action depending on extent and intent.

 


 

🔹 Section 203 – Illegally Buying or Bidding for Property

If a public servant is involved in acquisition of property they oversee, it’s illegal.

Example: A registrar buys a foreclosed property he approved for auction.

Punishment: Up to 2 years imprisonment, or fine, or both.

 


 

🔹 Section 204 – Personating a Public Servant

This covers any person who falsely pretends to be a public official.

Example: A conman pretends to be an income tax officer to extort money.

Punishment: Up to 3 years imprisonment, or fine, or both.

Target keyword: impersonating government officer BNS

 


 

🔹 Section 205 – Fraudulent Use of Public Servant Symbols

Wearing official uniforms or badges to mislead others is punishable.

Example: Wearing a police uniform to avoid traffic checks or commit fraud.

Punishment: Up to 3 months imprisonment, or fine, or both.

 


 

📊 Comparison: BNS Chapter 12 vs IPC

Feature

IPC (1860)

BNS Chapter 12 (2023)

Public servant offences

Scattered across multiple sections

Consolidated and clearly defined

Victim treatment neglect

Not separately defined

Explicitly penalized (Section 200)

Impersonation laws

General provisions

Specific sections with graded punishment

Use of government identity fraudulently

Not specific

Detailed under Sections 204 and 205

 


 

✅ Why BNS Chapter 12 Matters in Modern India

Public servants are expected to serve, not exploit. Chapter 12 reflects a modern legal outlook that promotes:

  • Rule of law over privilege

  • Transparency in governance

  • Protection from abuse of power

  • Trust-building between government and citizens

From delaying emergency help to illegally making money off public auctions, every act of misconduct now has clear consequences.

 


 

❓ FAQs About BNS Chapter 12

Q1. What is BNS Chapter 12 mainly about?
It deals with offences committed by public servants and people impersonating them, covering misuse of authority and public trust.

Q2. Can a public servant be punished for refusing to help a victim?
Yes. Under Section 200, nontreatment or refusal to assist a victim is a punishable offence.

Q3. What is the punishment for impersonating a public servant under BNS?
Up to 3 years imprisonment, or fine, or both under Section 204.

Q4. Is public service trading illegal?
Yes. Public servants are prohibited from running businesses unless authorized under Section 202.

Q5. Can a citizen wear a police uniform for fun or drama?
No, if it is done with intent to deceive, it becomes punishable under Section 205.

 


 

🔚 Final Thoughts: Upholding Integrity in Public Service

BNS Chapter 12 represents a strong message from the Indian legal system—public office is not a shield from the law. By clearly defining offences by and relating to public servants, the law empowers both citizens and law enforcement to act against corruption, negligence, and fraud.

Whether you’re a law student, activist, or just a citizen interested in justice, understanding this chapter is key to ensuring accountability in governance.

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