CrPC Section 92
Section 92 of the Criminal Procedure Code (CrPC), 1973 – Procedure When Public Servant Refuses to Perform Duty
Overview:
Section 92 of the CrPC provides a mechanism to deal with a public servant who refuses or fails to perform a duty imposed by law. It enables any person to apply to a Magistrate for an order compelling the public servant to perform their duty.
Text of Section 92 (Simplified):
If any public servant refuses or neglects to perform a duty which they are legally bound to perform, any person interested in the performance of that duty can apply to a Magistrate.
The Magistrate may then order the public servant to perform the duty.
If the public servant fails to comply, they may be punished for contempt of court.
Detailed Explanation:
Purpose of Section 92:
To ensure that public servants carry out their lawful duties without obstruction.
To provide a legal remedy for citizens when public servants are negligent or refuse to act.
Who is a Public Servant?
Any person employed in the discharge of public duties, including police officers, municipal officials, government officers, etc.
What is a Duty?
A duty imposed by law or legal authority that the public servant is obligated to perform.
Examples include filing a report, executing a warrant, maintaining public order, or other statutory obligations.
Procedure:
A person interested in the performance of the duty applies to a Magistrate.
The Magistrate examines the case and, if satisfied, orders the public servant to perform the duty.
Failure to comply with the Magistrate’s order may lead to punishment for contempt of court.
Significance:
Acts as a safeguard against official apathy, negligence, or willful refusal.
Helps uphold the rule of law by ensuring accountability of public servants.
Practical Implications:
If a police officer refuses to register an FIR (First Information Report), the complainant can seek remedy under this section.
If a municipal official neglects to carry out a lawful order, affected persons can approach a Magistrate for enforcement.
It empowers citizens to compel action through judicial intervention.
Summary:
Section 92 of the CrPC empowers any person to approach a Magistrate if a public servant refuses or neglects to perform a lawful duty. The Magistrate can order the public servant to perform the duty, and failure to comply may result in punishment for contempt of court, thus promoting accountability and effective governance.
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