Write the offences by or relating to public servants

Question: Write the offences by or relating to public servants.

Find the answer to the mains question only on Legal Bites. [Write the offences by or relating to public servants.]

Answer

Chapter 9 of the Indian Penal Code deals with the offences by or relating to public servants from Section 161 to Section 171. Section 161 to 165A have been repealed but the Criminal Law Amendment Act, 2013 and has also inserted Sections 166 A and 166B. The offences are discussed as below:

Section 166A deals with the duties of a public servant while conducting an investigation.

• Clause (a) explains that a public servant who knowingly disobeys any order which prohibits him from requiring attendance at any place of any person for an investigation into an offence or other matters shall be punished.
• Clause (b) provides that when a public servant knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation shall also be punishable.
• Clause (c) provides that a public servant who fails to record any information given to him under certain sections shall be liable to be punished.

The punishment for being guilty of any of the above clauses is rigorous imprisonment for a term which shall not be less than six months and which may extend up to two years with a fine.

Section 166B deals with the punishment for non-treatment of a victim. It punishes any person in charge of a hospital whether the hospital is public or private and whether it is run by Central or State Government, hospitals run by local bodies or any person is covered under this section. The punishment may extend to one-year imprisonment or fine or both.

Section 167 deals with public servant framing an incorrect document with intent to cause injury, the underlying principle in this section are that public records owe their sanctity to the presumption that arises as to their correctness and as representing the true record, of proceedings of the courts and the public servants concerned.

Section 168 deals with public servants unlawfully engaging in trade, the principle of this section is that if a public servant was permitted to engage in trade, they will not only neglect their legitimate duties for the purpose of trade but will moreover secure an unfair advantage over rival traders not so favourable circumstances.

Section 169 deals with public servants unlawfully buying or bidding for property-the principle under this section is the prohibition here contemplated must be in respect of property with which the public servant was connected in his official capacity. Being thus placed in a position of advantage, he could not be permitted to purchase property of which he is in effect a trustee.

Section 170 deals with impersonating a public servant, this section punishes the fraudulent act done in the guise of a public servant, the words ‘pretend to hold any particular office’, means that whoever, falsely holds himself out, or alleges that he is a public servant when he is not. The act or acts done by the person who personated a public servant merely gives a clear indication that the person has misused his position i.e. has done some overt act in the exercise of the authority of the assumed public servant.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. IPC Mains Questions Series Part I: Important Questions
2. IPC Mains Questions Series Part II: Important Questions
3. IPC Mains Questions Series Part III: Important Questions
4. IPC Mains Questions Series Part IV: Important Questions
5. IPC Mains Questions Series Part V: Important Questions
6. IPC Mains Questions Series Part VI: Important Questions
7. IPC Mains Questions Series Part VII: Important Questions
8. IPC Mains Questions Series Part VIII: Important Questions
9. IPC Mains Questions Series Part IX: Important Questions
10. IPC Mains Questions Series Part X: Important Questions