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Whoever being a public servant, fails to record any information relating to rape under Section 173 of BNSS 2023 shall be liable to be punished under w
Question

Whoever being a public servant, fails to record any information relating to rape under Section 173 of BNSS 2023 shall be liable to be punished under which one of the following provisions of the BNS 2023?

A.

Section 198

B.

Section 199

C.

Section 200

D.

Section 201

Correct option is B

The correct answer is (b) Section 199.

Explanation

This provision specifically addresses the accountability of public servants in handling serious offences against women and children. Under the Bharatiya Nyaya Sanhita (BNS), 2023, the law ensures that a victim's complaint is not ignored by the police or other authorities.

  • The Legal Link: Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (which replaces Section 154 of the CrPC) provides the procedure for recording an FIR. It mandates that information regarding offences like rape must be recorded by a public servant.
  • The Offence: Section 199 of the BNS 2023 (which replaces Section 166A of the IPC) explicitly states that if a public servant knowingly fails to record any information given to him in relation to a cognizable offence (specifically mentioning rape and related sexual offences), they shall be punished.
  • The Punishment: A public servant found guilty under this section can 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.

Information Booster

The BNS has significantly tightened the rules regarding "Zero FIR" and the mandatory registration of complaints.

Provision

Subject Matter

Section 173 BNSS

Mandatory registration of FIR (including through electronic communication).

Section 199 BNS

Criminal liability for a public servant for failing to record an FIR in sexual offence cases.

Mandatory recording

Information regarding rape must be recorded by a woman police officer or any woman officer.

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