IPC 128 vs BNS 128
● Retained in BNSPublic servant disobeying law with intent to cause injury
Section 128 of the Indian Penal Code, 1860, deals with public servants who, intentionally, disobey the law to cause injury to any person. This section criminalizes abuse of official power, ensuring that government officials cannot exploit their position to harm others.
Under IPC 128:
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Liability arises when a public servant knowingly disobeys the law,
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Applies if the disobedience is with intent to cause injury or harm,
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Punishment includes imprisonment, fines, or other penalties, depending on the severity.
For example, if a police officer refuses to follow proper legal procedures intentionally to harm a citizen, they can be prosecuted under IPC 128. The law ensures that public servants uphold their legal duties without causing harm.
IPC 128 emphasizes accountability and integrity in public service, making it clear that misuse of authority for personal or malicious intent is punishable. This strengthens public trust and maintains the lawful functioning of government offices.
Public servant disobeying law with intent to cause injury
Section 128 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 128, retaining the principle that public servants who intentionally disobey the law to cause injury are liable to punishment.
Under BNS 128:
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Liability applies to knowful disobedience of law by public officials,
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Punishment arises when such disobedience is intended to harm another person,
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Includes imprisonment, fines, or other penalties, depending on the severity.
For instance, a government officer deliberately ignoring legal protocols to harm someone is punishable under BNS 128. The law ensures that public officials act lawfully and with integrity, protecting citizens from abuse of power.
By retaining IPC 128’s principles, BNS 128 ensures legal accountability of public servants, emphasizing that intentional violation of law to cause injury is punishable, thereby strengthening governance and public trust.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 128 to BNS BNS 128.