Section 166A(b) IPC – does it relate only to FIR cases or covers other investigations also?

[Ziaur Rahman]

Sir, Whether a case under section 166A(b) Indian Penal Code can be made in connection with violating the law in general or it is only related to the investigation of the F.I.R cases? If a police officer does not record case revealing a cognizable offence then can he be prosecuted under this section? What protection he will get if he records the case after 2 months on the basis of the order of the Magistrate u/s 156(3) Cr.PC on the same complaint which he had ignored but the complainant suffered for 2 months without any action. Kindly answer. Whether the word investigation is only related to F.I.R cases or Inquiry also in view of the judgment of Lalita Kumari Vs Govt. of U.P & Ors.? kindly enlighten.

[Dr. Ashok Dhamija]

Firstly, let me point out that I had written two detailed articles on Section 166A of IPC:

• Beginning of the end of the non-registration of FIRs.
• Non-registration of FIRs – back to square one.

Please read them as some of your doubt may be cleared by them.

Section 166-A of IPC is reproduced below:

“166-A. Public servant disobeying direction under law.—Whoever, being a public servant,—

(a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter, or

(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or

(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 326-A, Section 326-B, Section 354, Section 354-B, Section 370, Section 370-A, Section 376, Section 376-A, Section 376-B, Section 376-C, Section 376-D, Section 376-E or Section 509,

shall be punished with 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.”

Now, as regards clause (c), there should no doubt that it applies only to the FIR filed under Section 154 of the Criminal Procedure, since it specifically mentions so.

In so far as clause (b) is concerned, in my opinion, it should apply to all directions relating to investigation, including direction given by the Magistrate under Section 156(3) of the Cr.P.C. But, please note that the main ingredient of clause (b) is “knowingly disobeys”. So, it should not only be mere delay or mere disobeyance of an order, it should also be intentional (i.e., he should do it knowingly).

I cannot comment on the facts of your case, as to whether this provision would be attracted in your case. If you can prove that the police officer knowingly disobeyed the order of the Magistrate for 2 months, well, you may perhaps have a case.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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