BNS Section 267 – Intentional insult or interruption to public servant sitting in judicial proceeding
The Indian Penal Code (IPC) Section – 228
Understanding BNS Section 267: Intentional Insult or Interruption to Public Servant in Judicial Proceeding
Judicial proceedings require respect and decorum to ensure fairness and justice. When someone intentionally insults or interrupts a public servant, such as a judge or magistrate, during a judicial proceeding, it disrupts the process and undermines the rule of law. Section 267 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 267 Say?
Section 267 deals with the act of intentionally insulting or causing interruption to a public servant while they are presiding over a judicial proceeding. Here’s what the law states:
- Offense: If a person intentionally:
- Offers any insult to a public servant, or
- Causes any interruption to a public servant,
while the public servant is sitting in any stage of a judicial proceeding, they commit an offense.
- Punishment: The punishment for this offense can include:
- Simple imprisonment for up to 6 months, or
- A fine of up to 5,000 rupees, or
- Both imprisonment and fine.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Intentionally insulting or interrupting a public servant during a judicial proceeding. |
| Punishment | Simple imprisonment for up to 6 months, or fine of up to 5,000 rupees, or both. |
| Cognizable or Not? | Non-cognizable: Police cannot arrest without a warrant. |
| Bailable or Not? | Bailable: The accused can seek bail. |
| Court Jurisdiction | Trial is conducted by the Court where the offense is committed or by any Magistrate. |
Why is This Law Important?
- Maintains Decorum in Judicial Proceedings: It ensures that judicial proceedings are conducted with respect and without disruptions.
- Protects Public Servants: It safeguards public servants, such as judges and magistrates, from intentional insults or interruptions while performing their duties.
- Ensures Fairness and Justice: It prevents disruptions that could hinder the delivery of justice.
Examples of Offenses Under Section 267
- Example 1: A person shouts insults at a judge during a court hearing.
- Example 2: An individual repeatedly interrupts a magistrate while they are delivering a judgment.
- Example 3: A person uses offensive language or gestures toward a public servant presiding over a judicial proceeding.
Conclusion
Section 267 of the BNS is a vital provision to ensure that judicial proceedings are conducted with respect and without disruptions. Intentionally insulting or interrupting a public servant during such proceedings is a punishable offense. Always act responsibly and uphold the principles of justice.
