Sections 166A and 166B IPC vs Sections 199 and 200 BNS — Public Servant Disobeying Direction under Law; Non-treatment of Victim

In India, Sections 199 and 200 of the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced Sections 166A and 166B of the Indian Penal Code, 1860 (IPC) on 1 July 2024. Failing to record an FIR for listed sexual, acid-attack and trafficking offences still carries six months to two years; the list now adds voyeurism. Hospitals refusing free treatment still face up to one year.

At a glance

The CrPC First Schedule classified Section 166A IPC as cognizable, bailable and triable by a Magistrate of the first class, and Section 166B IPC as non-cognizable, bailable and triable by a Magistrate of the first class. The classification is unchanged. Neither offence is listed in the compounding tables.

Neighbouring provisions (not covered in full here): Section 198 BNS (IPC 166) — public servant knowingly disobeying a direction of law as to his conduct, intending or knowing it likely to cause injury, simple imprisonment up to one year, or fine, or both; Section 173 BNSS (CrPC 154) — recording of information in cognizable cases; Section 397 BNSS (CrPC 357C) — treatment of victims.

What changed

• Minor edit — Section 199(a) and (b) (IPC 166A(a) and (b)): the same words; only the punctuation changes — clauses (a) and (b) now end "; or" for ", or".
• Minor edit — Section 199(c) (IPC 166A(c)), cross-reference: "sub-section (1) of section 154 of the Code of Criminal Procedure, 1973" becomes "sub-section (1) of section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023".
• Modified — Section 199(c), list of offences: Section 166A(c) as printed listed Sections 326A, 326B, 354, 354B, 370, 370A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E and 509 IPC. Section 199(c) lists Sections 64, 65, 66, 67, 68, 70, 71, 74, 76, 77, 79, 124, 143 and 144 BNS. Section 77 BNS is voyeurism; its IPC counterpart, Section 354C, was not in the Section 166A(c) list, so voyeurism is new. Section 69 BNS (a new offence of sexual intercourse by deceitful means) is not listed, and neither sexual harassment (Section 75; IPC 354A) nor stalking (Section 78; IPC 354D) is in either list.
• Identical — punishment under Section 199: "rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine".
• Minor edit — Section 200 (IPC 166B): "section 357C of the Code of Criminal Procedure, 1973" becomes "section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023"; the punishment gains commas ("one year, or with fine, or with both").
• Expanded — the duty Section 200 enforces: Section 357C CrPC covered victims of offences under Sections 326A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E IPC. Section 397 BNSS covers Sections 64, 65, 66, 67, 68, 70, 71 and 124(1) BNS and adds Sections 4, 6, 8 and 10 of the Protection of Children from Sexual Offences Act, 2012. Because Section 200 punishes contravention of Section 397, its reach grows with it.
• Unchanged in effect — no sanction: the Explanation to Section 197(1) CrPC dispensed with sanction for Sections 166A and 166B IPC; the third proviso to Section 218(1) BNSS does the same for Sections 199 and 200 BNS.

Statutory text (relevant extract)

Extract, Section 166A(c) IPC (repealed from 1 July 2024):

(c) fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973 (2 of 1974), in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, [section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509,

Extract, Section 199(c) BNS:

(c) fails to record any information given to him under sub-section (1) of section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under section 64, section 65, section 66, section 67, section 68, section 70, section 71, section 74, section 76, section 77, section 79, section 124, section 143 or section 144,

Extract, Section 200 BNS:

Whoever, being in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes the provisions of section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

How it works — the ingredients

Section 199 BNS — the accused must be a public servant, and one of three clauses must be met:

1. Clause (a) — prohibited summons. The public servant knowingly disobeys a direction of law that prohibits him from requiring any person's attendance at any place for investigation "or any other matter". The clearest such direction is the proviso to Section 179(1) BNSS: no male under fifteen or above sixty, no woman, no mentally or physically disabled person and no person with acute illness "shall be required to attend at any place other than the place in which such person resides". (Section 160(1) CrPC used "sixty-five" and did not mention acute illness.)
2. Clause (b) — improper investigation. The public servant knowingly disobeys, "to the prejudice of any person", any other direction of law regulating how he is to conduct the investigation. Prejudice to a person is an element here; it is not in clauses (a) or (c).
3. Clause (c) — failure to record information. The public servant "fails to record any information given to him under sub-section (1) of section 173" in relation to a cognizable offence under one of the listed sections. The word "knowingly" does not appear in clause (c).

Section 200 BNS — the accused must be "in charge of a hospital", public or private, whoever runs it, and must contravene Section 397 BNSS, which has two limbs: immediately providing first-aid or medical treatment free of cost to victims of the listed offences, and immediately informing the police. On a reading of the text, failing either limb is a contravention.

Related protections in Section 173 BNSS for the same offences: where the information is given by the woman victim of an offence under Sections 64 to 71, 74 to 79 or 124, it must be recorded by a woman police officer or any woman officer (first proviso to Section 173(1)); where the victim is mentally or physically disabled, it is recorded at the victim's residence or chosen place with an interpreter or special educator, and videographed (second proviso).

What this means in practice

For the victim or informant

• If an officer in charge of a police station refuses to record information about any cognizable offence, Section 173(4) BNSS lets the informant send the substance in writing by post to the Superintendent of Police, and, failing action, apply to the Magistrate. For the offences listed in Section 199(c), the refusal is also itself an offence.
• Section 173(2) BNSS requires a copy of the recorded information to be given "forthwith, free of cost, to the informant or the victim". Section 154(2) CrPC referred to the informant only.
• A victim of a listed sexual offence, of an acid attack under Section 124(1), or of a POCSO offence under Sections 4, 6, 8 or 10 must be given free first-aid or treatment by any hospital (Section 397 BNSS).

For the police officer

• Section 173(3) BNSS allows a preliminary enquiry, within fourteen days and with the prior permission of an officer not below Deputy Superintendent of Police, for cognizable offences punishable with three years or more but less than seven years. Some offences listed in Section 199(c) fall in that range. The BNS does not say how Section 173(3) interacts with Section 199(c); until a court decides it, any view is a reading.
• Summoning a woman, a child under fifteen, a man over sixty, a disabled person or a person with acute illness to the police station rather than examining them where they reside disobeys the proviso to Section 179(1) BNSS; if done knowingly, it falls within Section 199(a). If the person is willing to attend at the police station, the person may be permitted to do so (second proviso).

For hospitals

• Section 200 applies to the person "in charge" of the hospital. The duty is immediate and free of cost, and includes informing the police. The offence is non-cognizable, so the police need a Magistrate's order to investigate it (Section 174(2) BNSS).

For prosecutors and courts

• No sanction is required under Section 218(1) BNSS to take cognizance of an offence under Section 199 or 200 against a public servant.

Judgments that still matter

Lalita Kumari v. Govt. of U.P. & Ors., [2013] 14 S.C.R. 713 (2013 INSC 748) — 12 November 2013. A five-Judge Bench (P. Sathasivam CJI, B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi and S.A. Bobde JJ.) considered whether registration of an FIR under Section 154 CrPC is mandatory. Counsel argued that Section 166A, by punishing non-registration only for the listed offences, implied discretion for other cognizable offences (para 33). The Court rejected that argument: Section 166A "must be read in consonance with the provision and not contrary to it", and was inserted "to tighten the already existing provisions to provide enhanced safeguards to women" (para 34). It held that "Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence" and that "Action must be taken against erring officers who do not register the FIR" (para 111(i) and (iv)). It permitted a preliminary inquiry only to ascertain whether a cognizable offence is disclosed, in categories it listed (para 111(ii), (v), (vi)). Section 173(3) BNSS now provides a statutory preliminary enquiry for a band of offences, so, on a reading of the text, the ruling must be read with that sub-section.

Laxmi v. Union of India, [2015] 4 S.C.R. 19 — 10 April 2015. Madan B. Lokur and Uday Umesh Lalit JJ. dealt with treatment of acid attack victims under Section 357C CrPC, inserted with effect from 3 February 2013 (para 8). The Court set out decisions taken at a meeting of the Union Home and Health Secretaries with the States, including that "No hospital/clinic should refuse treatment citing lack of specialized facilities" and that action may be taken against a hospital or clinic refusing treatment in contravention of Section 357C (para 14), and said "We expect the authorities to comply with these decisions" (para 15). Section 397 BNSS carries forward the duty, and Section 200 BNS the penalty.

Does the old case law still apply? Clauses (a) and (b) of Section 199 repeat Section 166A, and clause (c) repeats its structure with renumbered references, so, on a reading of the text, judgments construing Section 166A remain relevant to Section 199.

Which law applies to your case

Section 358(2) BNS saves any penalty or punishment incurred under the IPC and allows proceedings to be instituted, continued or enforced "as if that Code had not been repealed"; on a reading of that provision, a failure before 1 July 2024 is prosecuted under Section 166A or 166B IPC. Proceedings pending on that date continue under the CrPC (Section 531(2)(a) BNSS). Article 20(1) of the Constitution bars conviction except for violation of a law in force at the time, so, on a reading of that Article, the addition of voyeurism to Section 199(c) reaches only failures from 1 July 2024. See which law applies to an offence before 1 July 2024.

Frequently asked questions

What is the BNS equivalent of Section 166A IPC? Section 199 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 166A IPC from 1 July 2024. A public servant who knowingly disobeys a legal prohibition on requiring a person's attendance, knowingly disobeys a direction of law on how to conduct an investigation to the prejudice of any person, or fails to record information about specified offences under Section 173(1) BNSS is punished with rigorous imprisonment of six months to two years, and fine.

Is it an offence for the police to refuse to register an FIR? For the offences listed in Section 199(c) BNS — including rape and other sexual offences in Sections 64 to 68, 70 and 71, assault and related offences against women in Sections 74, 76, 77 and 79, acid attack in Section 124, and trafficking in Sections 143 and 144 — failing to record information given under Section 173(1) BNSS is an offence punishable with six months to two years' rigorous imprisonment and fine. For other cognizable offences, Section 173(4) BNSS gives the informant a remedy before the Superintendent of Police and then the Magistrate.

What changed from Section 166A IPC to Section 199 BNS? The punishment is the same. Clause (c) now refers to Section 173(1) BNSS instead of Section 154(1) CrPC and lists BNS sections instead of IPC sections. The BNS list adds Section 77 (voyeurism), whose IPC counterpart, Section 354C, was not in the Section 166A(c) list. Sexual harassment (Section 75) and stalking (Section 78) are not in either list.

Is the offence under Section 199 BNS bailable? Yes. The BNSS First Schedule lists Section 199 BNS as cognizable, bailable and triable by a Magistrate of the first class, and Section 200 BNS as non-cognizable, bailable and triable by a Magistrate of the first class. The CrPC First Schedule classified Sections 166A and 166B IPC the same way.

Is sanction needed to prosecute a police officer under Section 199 BNS? No. The third proviso to Section 218(1) BNSS says no sanction is required where a public servant is accused of an offence under Section 199 or Section 200 BNS, among others. The Explanation to Section 197(1) CrPC said the same for Sections 166A and 166B IPC.

What does Section 200 BNS require of hospitals? Section 200 BNS punishes a person in charge of a hospital, public or private, who contravenes Section 397 BNSS, with imprisonment up to one year, or fine, or both. Section 397 requires every hospital to immediately provide first-aid or medical treatment free of cost to victims of offences under Sections 64 to 68, 70, 71 and 124(1) BNS and Sections 4, 6, 8 and 10 of the POCSO Act, 2012, and to inform the police immediately.

Can a police officer call a woman or a senior citizen to the police station? Under the proviso to Section 179(1) BNSS, a male under fifteen or above sixty, a woman, a mentally or physically disabled person or a person with acute illness shall not be required to attend at any place other than where the person resides, though the person may be permitted to attend at the police station if willing to do so. A public servant who knowingly disobeys such a prohibition can be prosecuted under Section 199(a) BNS.

Which law applies to conduct before 1 July 2024? Section 358(2) BNS preserves penalties and proceedings for offences against the IPC as if it had not been repealed, so on a reading of that provision a refusal to record an FIR or to treat a victim before 1 July 2024 is prosecuted under Section 166A or 166B IPC. On a reading of Article 20(1), the addition of voyeurism to the Section 199(c) list applies only to failures from 1 July 2024.

Related

• Section 154 CrPC vs Section 173 BNSS — FIR
• Police refuse to register an FIR — remedies under BNSS and CrPC
• Complaint against a public servant — BNSS 175 and 218 vs CrPC 197
• Sections 326A and 326B IPC vs Section 124 BNS — Acid Attack
• Victim rights and compensation
• IPC to BNS master table
• Sections 166, 168–171 IPC vs Sections 198, 202–205 BNS — Public Servant Disobeying Law, Unlawful Trade and Purchase, and Personating a Public Servant
• Sections 353–365 CrPC vs Sections 392–406 BNSS — The Judgment

Sources

• Bharatiya Nyaya Sanhita, 2023 (Gazette text): Sections 198, 199, 200 and 358; headings of Sections 64 to 79, 143 and 144.
• Indian Penal Code, 1860 (India Code text): Sections 166, 166A (with footnotes and the Arunachal Pradesh amendment) and 166B; headings of Sections 354A, 354C and 354D.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette text): Sections 173, 174(2), 179(1), 218(1), 397 and 531, and the First Schedule entries for Sections 198 to 200 BNS.
• Code of Criminal Procedure, 1973: Sections 154, 160(1), 197(1) and 357C, and the First Schedule entries for Sections 166, 166A and 166B IPC.
• Constitution of India: Article 20(1).
• Judgments read in full text: Lalita Kumari v. Govt. of U.P. (2013_14_713_802_EN.md); Laxmi v. Union of India (2015_4_19_26_EN.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.