BNS Section 132 – Assault or criminal force to deter public servant from discharge of his duty

IPC Section – 353

Cognizable offence
punishable with imprisonment for two years, or fine, or
both

Assault or criminal force to deter public servant from discharge of his duty

Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such 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 two years, or with fine, or with both.

Assault or Use of Criminal Force to Deter a Public Servant from Duty

1. What is the Offence?

This law addresses the act of assaulting or using criminal force against a public servant while they are performing their official duties.

• The offence includes actions intended to prevent or deter a public servant from carrying out their lawful duties.
• It also covers actions taken in response to what the public servant has done or attempted to do while discharging their duties.

2. Key Elements of the Offence

• Public Servant:
  A public servant includes any individual employed by the government or a public agency, such as police officers, government officials, or law enforcement personnel.
• Intent:
  The act must be done with the intent to prevent or deter the public servant from performing their lawful duties.
• Lawful Discharge of Duty:
  The public servant must be acting in the lawful discharge of their duties at the time of the offence.

3. Punishment

• Imprisonment: Up to 2 years, or
• Fine: A monetary penalty may be imposed, or
• Both imprisonment and fine.

4. Type of Offence

• Cognizable: Police can arrest without a warrant.
• Non-bailable: The accused cannot claim bail as a right.
• Court: The case will be tried by any Magistrate.

5. Purpose of the Law

• The law aims to protect public servants from violence, intimidation, or obstruction while they are performing their official duties.
• It emphasizes the seriousness of interfering with public officials in the discharge of their lawful responsibilities.

Summary of the Offence