BNS Section 121 – Voluntarily causing hurt or grievous hurt to deter public servant from his duty

IPC Section – 332–333

Voluntarily causing hurt or grievous hurt to deter public servant from his duty

(1) Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

(2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine.

Voluntary Causing of Hurt or Grievous Hurt to Deter a Public Servant from Duty

1. Voluntary Causing of Hurt

• What it means:
  This applies when someone intentionally causes bodily harm to a public servant who is performing their official duties. The harm could be done to stop or prevent the public servant from doing their job, or as revenge for something lawful the public servant has done.
  • “Hurt” means causing bodily pain, injury, or harm that is not severe enough to be considered grievous hurt.
• Punishment:
  The person can be jailed for up to 5 years, fined, or both.
• Type of Offence:
  • Cognizable: The police can arrest without a warrant.
  • Non-bailable: The accused cannot claim bail as a right.
• Court:
  The case will be tried by a Magistrate of the first class.

2. Voluntary Causing of Grievous Hurt

• What it means:
  Grievous hurt refers to more serious injuries, such as permanent disfigurement, injuries that threaten life, or cause severe physical pain. If someone causes such harm to a public servant while they are performing their duties, the law imposes stricter penalties.
• Punishment:
  The person can be jailed for a minimum of 1 year and up to 10 years, and may also be fined.
• Type of Offence:
  • Cognizable: The police can arrest without a warrant.
  • Non-bailable: The accused cannot claim bail as a right.
• Court:
  The case will be tried by a Court of Session.

3. Who is a Public Servant?

• A public servant is anyone employed by the government or a public body in an official capacity. This law protects them while they are performing their lawful duties.

4. Intent to Deter or Retaliate

• This law covers acts done with the intention to:
  • Stop or prevent a public servant from performing their duties, or
  • Take revenge on a public servant for actions taken during their official duties.
• This provision is important to protect public servants from violence, threats, or pressure while they are doing their jobs.

Summary of Offences and Punishments