IPC Sections 161 to 171: Offences by or Relating to Public Servants
Chapter IX of the Indian Penal Code, 1860 dealt with offences by or relating to public servants. Immediately before the Bharatiya Nyaya Sanhita, 2023 came into force, Sections 161 to 165A had already been omitted from the IPC, while Sections 166, 166A, 166B and 167 to 171 remained part of Chapter IX.
IPC Sections 161 to 165A: Omitted Corruption Provisions
The Prevention of Corruption Act, 1988 omitted Sections 161 to 165A of the IPC. These sections historically dealt with corruption-related conduct involving public servants and influence over public servants. The omission did not mean that public corruption ceased to be punishable; corruption offences were dealt with under the special anti-corruption legislation.
Former Section 161
Historically dealt with a public servant, or a person expecting to be a public servant, taking gratification other than legal remuneration in respect of an official act. The section was omitted by the Prevention of Corruption Act, 1988.
Former Sections 162 and 163
Section 162 historically concerned taking gratification to influence a public servant by corrupt or illegal means. Section 163 historically concerned gratification for exercising personal influence with a public servant. Both were omitted.
Former Sections 164, 165 and 165A
Section 164 historically concerned abetment by a public servant of the offences then defined in Sections 162 and 163. Section 165 historically addressed a public servant obtaining a valuable thing without consideration, or for inadequate consideration, from a person concerned in relevant business or proceedings. Section 165A historically punished abetment of offences under Sections 161 and 165. These provisions were omitted from the IPC.
Operative Chapter IX IPC Provisions Before BNS
Section 166 - Public Servant Disobeying Law with Intent to Cause Injury
Section 166 applied where a public servant knowingly disobeyed a direction of law governing the manner in which the public servant was to conduct himself or herself, intending to cause injury to a person or knowing that such disobedience was likely to cause injury. Punishment was simple imprisonment up to one year, or fine, or both.
Section 166A - Public Servant Disobeying Direction Under Law
Section 166A covered specified misconduct by a public servant in investigation, including knowingly disobeying specified legal directions and failure to record information under Section 154(1) CrPC relating to the cognizable offences enumerated in Section 166A(c). Punishment was rigorous imprisonment for not less than six months and up to two years, together with fine.
Section 166B - Punishment for Non-Treatment of Victim
Section 166B applied to a person in charge of a hospital, whether public or private and whether run by Government, a local body or another person, who contravened Section 357C CrPC. Punishment could extend to one year, or fine, or both.
Section 167 - Public Servant Framing an Incorrect Document
A public servant charged with preparation or translation of a document or electronic record who knowingly or believingly framed, prepared or translated it incorrectly, intending thereby to cause injury or knowing injury to be likely, could be punished with imprisonment of either description up to three years, or fine, or both.
Section 168 - Public Servant Unlawfully Engaging in Trade
A public servant who was legally bound not to engage in trade and nevertheless engaged in trade could be punished with simple imprisonment up to one year, or fine, or both.
Section 169 - Public Servant Unlawfully Buying or Bidding for Property
A public servant legally bound not to purchase or bid for specified property, but who purchased or bid for it directly, through another person, jointly or in shares, could be punished with simple imprisonment up to two years, or fine, or both. Property purchased was liable to confiscation.
Section 170 - Personating a Public Servant
Section 170 applied where a person pretended to hold a particular office as a public servant knowing that he or she did not hold that office, or falsely personated another person holding such office, and in that assumed character did or attempted an act under colour of that office. Punishment could extend to two years, or fine, or both.
Section 171 - Wearing Garb or Carrying Token Used by Public Servant with Fraudulent Intent
A person not belonging to a class of public servants who wore garb or carried a token resembling that used by that class, intending or knowing it to be likely that others would believe that the person belonged to that class, could be punished with imprisonment up to three months, or fine up to Rs. 200, or both.
CrPC Classification of Operative IPC Sections 166 to 171
The table below states the general classification under the First Schedule to the Code of Criminal Procedure, 1973 as applicable before the BNSS commenced.
| IPC section | Offence | Punishment | Cognizability | Bail | Court |
|---|---|---|---|---|---|
| 166 | Public servant disobeying law with intent to cause injury | Simple imprisonment up to 1 year, or fine, or both | Non-cognizable | Bailable | Magistrate of the First Class |
| 166A | Public servant disobeying specified direction under law | Rigorous imprisonment from 6 months to 2 years and fine | Cognizable | Bailable | Magistrate of the First Class |
| 166B | Non-treatment of victim by hospital | Up to 1 year, or fine, or both | Non-cognizable | Bailable | Magistrate of the First Class |
| 167 | Public servant framing incorrect document with intent to cause injury | Up to 3 years, or fine, or both | Cognizable | Bailable | Magistrate of the First Class |
| 168 | Public servant unlawfully engaging in trade | Simple imprisonment up to 1 year, or fine, or both | Non-cognizable | Bailable | Magistrate of the First Class |
| 169 | Public servant unlawfully buying or bidding for property | Simple imprisonment up to 2 years, or fine, or both; confiscation if purchased | Non-cognizable | Bailable | Magistrate of the First Class |
| 170 | Personating a public servant | Up to 2 years, or fine, or both | Cognizable | Non-bailable | Any Magistrate |
| 171 | Fraudulent wearing of garb or carrying token used by public servant | Up to 3 months, or fine up to Rs. 200, or both | Cognizable | Bailable | Any Magistrate |
The table states the general CrPC First Schedule classification. A particular proceeding may also involve special statutes, additional offences, sanction requirements or other procedural provisions.
Key Legal Points
Sections 161 to 165A were historical, not operative IPC offences immediately before BNS. They had been omitted by the Prevention of Corruption Act, 1988. Sections 166A and 166B must be included in an updated Chapter IX account. They were inserted in 2013 and remained part of the IPC before its replacement. Section 170 does not punish mere resemblance to an official. Its statutory ingredients include false personation or pretending to hold the office and doing or attempting an act under colour of that assumed office. Section 171 separately addressed fraudulent use of official garb or tokens.