minakshi bindhani
23 November 2021
As per the illustrated query!
According to section 166A of the Indian Penal Code, 1860
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 an 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 how 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), about offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, [section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E 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.
But please keep note that the main ingredient of clause (b) is "knowingly disobeys".So it should not only be a mere delay or mere disobedience of an order, it should also be intentional(i.e he should it knowingly)
Mukesh Kumar, I.R.S vs G.Srinivas Reddy Another on 10 October 2018. I have laid down the links below.
https://indiankanoon.org/doc/118792130/