Public Public Servant Disobeying Direction under Law
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The criminal law is meant to regulate the conduct of the people within the society and ensure that peace and order are maintained. The law is updated from time to time to meet the demands of the evolving society. One of the most important criminal law amendments has been the Criminal Law Amendment brought about in 2013. Ques: Why was Section 166A of Indian Penal Code, 1860 was added by 2013 Amendment Act? What mischief does it seek to cure?
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Ques: Why was Section 166A of the Indian Penal Code, 1860 was added by the 2013 Amendment Act? What mischief does it seek to cure?
According to Section 166A of Indian Penal Code, 1860, when a public servant (here meant to be police officers) intentionally (i) disobeys laws that empowers him to take attendance for investigation purpose or (ii) causes harm/ injury to a person even in cases where there is explicit procedure to be followed for investigation or (ii) fails to register complaint (with or without intention) on offences that are cognizable offences in general, he/she is punishable under this section with imprisonment of 6 months to 2 years and will also be fined.
Taking reference from the case – Amit Kumar vs Joginder Singh and ors, (MANU/PH/0477/2019) intent behind the added section of 166A into IPC through the 2013 criminal law amendment can be derived. The main intention of the legislature to bring such an amendment is to reinstate the fading responsibility of police officers/ SHOs as a duty-bound officer of the state to undergo fair investigation. Cognizable offences and the requirement of registering complaint has been stressed upon, especially in certain grave criminal activities, was to curb the mischievous act of police officers in neglecting filing FIRs where it’s been reasoned that the information provided to them is not reasonable and credible. Though this has outrightly spoken in section 154 of IPC, the amendment again stressed upon the same with some specificity which would if not, might be understood loosely. When the section speaks about the investigation by police officers which are in form of causing injury to the general public and making that as punishable, unfair actions and misuse of authority against the general public have been expected to be curbed through the amendment. Also, the amendment was being reinforced through the Circular issued by the Home Ministry of India dated 10.05.2013, which even more stressed upon the punishment as a police officer one would undergo if he’s found to have not complied with the amendment.
In many instances public officials are improper in their discharge of duties which they are required to do under law. This can also be a signal to instances like the recording of the FIRs of cases by officials who are required under law to do so. For similar instances and problems where public officials don’t conduct their duty as required under the law, this section would be attracted where they will have penal sanctions against them. From a social perspective, this is essential to instill confidence in people on the ability of law to promote and justify social security and efficient and trustworthy public systems. This can also be seen from Clause
(iii), which specifically highlights the various sections where failure to follow the procedure contained would attract Section 166A.The Criminal Law (Amendment) Act, 2013 also known as Nirbhaya Act was brought to protect children and women from sexual offenses and rarest of rare crimes. The addition of section 166A of the Indian Penal Code, 1860 was a step of government to strengthen legislative provisions for timely and effective action in cases of cognizable offenses committed against women. It was a measure to increase safety for women in our country.
FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police take up an investigation of the case. Therefore, it is important to register a complaint with the police regarding the incidence of violence. Already there exists a stigma around reporting such cases to Police but yet few come forward to report but the Police officers hesitate to register FIR. There have been numerous instances of police failing to register an FIR in rape cases, or turning away the victim, or being harshly insensitive. Sexual violence is highly underreported in India due to the insensitiveness of the duty bearer. The authorities in many instances refused to file FIRs or did not record the information provided by the victim appropriately. The failure to register FIRs or register information adequately provided by victims and witnesses of sexual violence has serious implications on the criminal justice system. Section 166A aimed to resolve this problem.
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