BNS Section 199: Public Servant Disobeying a Direction Under Law (IPC 166A Mapping) (2026)

Explainer · Criminal Law · BNS

Updated for 2026 · Claw Editorial

Section 199 of the Bharatiya Nyaya Sanhita (BNS) holds a public servant to account for disobeying a direction under law during an investigation, or for failing to record information about certain offences. It carries forward Section 166A of the old Indian Penal Code (IPC), in force since 1 July 2024. The punishment is rigorous imprisonment of not less than six months, up to two years, and a fine. This explainer sets out what Section 199 covers, how it maps to the old law, and the classification. Last verified October 2026. Note: this section corresponds to the old Section 166A of the IPC. The older Section 166 (a public servant disobeying law with intent to cause injury) is carried into Section 198 of the BNS.

01Why this section matters

A public servant, and especially a police officer, has powers during an investigation that can be misused. Section 199 of the BNS makes certain failures a criminal offence. It targets a public servant who knowingly disobeys a direction under law about how an investigation must be done, or who fails to record information about certain offences.

This matters most in the handling of complaints of serious offences, where a refusal to record information or a breach of the rules can defeat justice. For conduct on or after 1 July 2024, this is charged under Section 199 of the BNS, which carries forward the old Section 166A of the IPC.

02What Section 199 covers

Section 199 applies to a public servant who commits one of a set of defined failures connected to investigation and the recording of information. The provision is aimed at the proper conduct of investigations and at making sure that information about certain offences is actually recorded.

Where the failure is the non-recording of information about a sexual or related offence, the section is closely linked to the protection of victims. The identity of such victims is separately protected under Section 72 of the BNS, and one of the listed offences is Section 67 of the BNS.

03The three situations

Section 199 covers a public servant who:

• Knowingly disobeys a legal prohibition that bars requiring the attendance of a person at a place for the purpose of an investigation.
• Knowingly disobeys, to the prejudice of any person, a direction of law on how an investigation must be conducted.
• Fails to record any information given to him about the commission of a cognizable offence, in the manner required by law, in relation to certain listed offences in the BNS.

The common thread is a knowing breach of a duty that the law places on the public servant during investigation.

04Old to new: IPC 166A to BNS 199

Section 166A of the IPC is now Section 199 of the BNS. The offence and the punishment are carried over. The older Section 166 of the IPC (a public servant disobeying law with intent to cause injury) is a different provision, now carried into Section 198 of the BNS.

Because the text is carried over, decisions under Section 166A of the IPC continue to guide how Section 199 is read.

05Punishment and classification

The punishment under Section 199 is rigorous imprisonment for a term which shall not be less than six months, but which may extend to two years, and a fine. The imprisonment is rigorous, and there is a minimum of six months.

On classification, the offence under Section 199 is:

• Cognizable: the police can register a case and investigate.
• Bailable: bail is available as provided by law.
• Triable by a Magistrate of the first class.

06A note on the section number

The main point to flag is the mapping. If you search for "166A IPC", Section 199 of the BNS is the provision you now need. Do not confuse it with the old Section 166, which dealt with a public servant disobeying law with intent to cause injury, and which is now Section 198 of the BNS.

Because the substance of Section 166A is carried over, old case law still guides how Section 199 is read. To look up how courts have treated a public servant failure to record information or follow investigation rules, see case search across Indian courts.

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.

Complaints under Section 199 surface in matters about police conduct, the refusal to record information and investigation lapses, and they often run as writ and criminal proceedings side by side. Claw lets you search more than 30 crore judgments and keep track of the cases, orders and hearings on this section by party or advocate name, across 9,102 courts, benches and forums, with results in under five seconds, so you can study how courts have read the duties of a public servant during investigation, or follow a live matter.

Claw does not use customer case documents to train its AI models, so your material stays private. Open a free Claw account to look up Section 199 matters by the party or the advocate on record.

08Sources and further reading

• India Code (official text of the BNS, 2023): indiacode.nic.in
• Section 199, BNS (bare text): devgan.in
• PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

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