Section 166 A IPC Accountability for public Servant

 Section 166A of the Indian Penal Code (IPC) was introduced by the Criminal Law (Amendment) Act, 2013. The section was added to the IPC to deal with cases of public servants who fail to register or investigate complaints of sexual offences against women, children, or any other vulnerable sections of society. However, the section is not limited to sexual offences alone and can be applied to various offences committed by public servants.

The section reads as follows:

"Whoever, being a public servant, 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 knowingly fails to comply with any such direction, 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."

The section makes it mandatory for public servants to comply with any direction of the law that prohibits them from requiring the attendance of any person for investigation into any offence or matter. If a public servant knowingly disobeys such a direction, they will be liable for punishment.

The section is not limited to sexual offences but also includes any other offence committed by a public servant. For instance, if a public servant fails to register or investigate a complaint of corruption or bribery, they can be punished under this section. Similarly, if a public servant fails to take appropriate action in cases of communal or caste violence, they can also be held liable under this section.

The section aims to ensure that public servants do not misuse their power and authority to shield offenders or fail to take appropriate action against them. It acts as a deterrent for public servants who may be inclined to overlook or ignore complaints of offences or matters due to personal biases or interests.

In the case of Gaurav Kumar vs. State of Rajasthan, the Rajasthan High Court held that Section 166A is a provision that ensures the accountability of public servants and prevents them from failing to discharge their duties. The court further held that the provision is not limited to sexual offences but applies to any offence or matter for which a public servant is required to take action.

In the case of Tarsem Singh vs. State of Punjab, the Punjab and Haryana High Court held that the section is aimed at ensuring the proper discharge of public duties by public servants and is not limited to sexual offences alone.

Section 166A of the IPC is a crucial provision that ensures accountability and prevents public servants from failing to discharge their duties. It is not limited to sexual offences but is applicable to any offence or matter for which a public servant is required to take action. The provision acts as a deterrent for public servants who may be inclined to ignore or overlook complaints of offences or matters.

Here are some more citations related to Section 166A of IPC:

1. In the case of Rajinder Singh vs. State of Punjab, the Punjab and Haryana High Court held that Section 166A of IPC is a provision that ensures the proper conduct of public servants and that it applies to any offence, including corruption and bribery.

2. In the case of State of U.P. vs. Ramji Srivastava, the Supreme Court held that Section 166A of IPC is a provision that seeks to ensure that public servants discharge their duties properly and that it applies to any offence or matter that requires action by a public servant.

3. In the case of Vineet Narain vs. Union of India, the Supreme Court observed that Section 166A of IPC is an important provision that ensures accountability of public servants and that it applies to any offence or matter for which a public servant is required to take action.

4. In the case of State of Haryana vs. Bhajan Lal, the Supreme Court held that Section 166A of IPC is a provision that ensures the proper conduct of public servants and that it applies to any offence or matter that requires action by a public servant.

5. In the case of Zahira Habibullah Sheikh vs. State of Gujarat, the Supreme Court observed that Section 166A of IPC is a provision that seeks to ensure that public servants discharge their duties properly and that it applies to any offence or matter that requires action by a public servant.

These cases highlight the importance of Section 166A of IPC in ensuring that public servants discharge their duties properly and that they are held accountable for any failure to do so. The section is applicable to any offence or matter that requires action by a public servant and acts as a deterrent against any misuse of power or authority.

Section 166A was added to the Indian Penal Code in 2013 by the Criminal Law (Amendment) Act, 2013, which was enacted in response to the Delhi gang rape case that occurred in December 2012. The case led to widespread protests and calls for stronger laws to protect women from sexual violence.

Section 166A is intended to ensure that public servants do not neglect their duties or abuse their power when dealing with complaints of sexual offences, especially those involving women, children, or other vulnerable sections of society. The section makes it mandatory for public servants to comply with any direction of the law that prohibits them from requiring the attendance of any person for investigation into any offence or matter.

The section also provides for punishment for public servants who knowingly disobey or fail to comply with any such direction. The punishment for such an offence is rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and the offender shall also be liable to pay a fine.

Section 166A is a non-bailable offence, meaning that the accused person cannot be released on bail except under special circumstances, as determined by a court of law.

In addition to sexual offences, Section 166A can be applied to any other offence committed by a public servant, including corruption, bribery, and acts of omission or commission that result in harm to individuals or society at large.

The provision of Section 166A is important as it holds public servants accountable for their actions and ensures that they perform their duties diligently and responsibly. It also serves as a deterrent against public servants who may be inclined to overlook or ignore complaints of offences or matters due to personal biases or interests.

In conclusion, Section 166A of IPC is an important provision that seeks to ensure that public servants discharge their duties properly and are held accountable for any failure to do so. The section applies not only to sexual offences but to any offence or matter for which a public servant is required to take action. It serves as a deterrent against misuse of power or authority and is a vital tool in protecting the rights and interests of individuals and society at large.