Introduction of BNS 225
BNS 225 addresses situations where someone threatens another person to prevent them from seeking legal protection from a public servant. It aims to protect individuals who wish to approach public servants for legal protection from threats or harm. The law ensures that no one is discouraged from seeking protection through intimidation or threats.
The Bharatiya Nyaya Sanhita (BNS) Section 225 replaces the old Indian Penal Code (IPC) Section 190.
- Introduction of BNS 225
- What is BNS Section 225 ?
- BNS 225 in Simple Points
- Section 225 BNS Overview
- BNS 225 Punishment
- BNS 225 bailable or not ?
- Bharatiya Nyaya Sanhita Section 225
- BNS Section 225 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 225 ?
BNS Section 225 makes it a crime to threaten someone with the aim of stopping them from seeking legal protection from a public servant who is authorized to offer such protection. If someone is found guilty of doing this, they can be punished with imprisonment for up to one year, a fine, or both.
Under Section 225 of the bns act 2023
“Whoever threatens any person with injury to prevent them from applying for protection from a public servant legally empowered to provide such protection, shall be punished with imprisonment up to one year, or with fine, or with both.”
1. Meaning of “Threat to Stop Seeking Protection”
It means using threats, intimidation, or fear to stop someone from approaching a public servant (like police, magistrate, or any authority) for legal protection.
- A person has the right to ask for protection when they feel unsafe.
- If someone stops them through threats, it is a punishable offence under this section.
2. Who is Covered?
This section applies to:
- Any person making threats to stop someone from seeking protection.
- Victims of abuse, violence, or crime who are prevented from approaching authorities.
- Whistleblowers, witnesses, or complainants discouraged by threats.
3. Nature of the Offence
- Non-cognizable → Police need a warrant from the court to arrest.
- Bailable → The accused has the right to apply for bail.
- Non-compoundable → The case cannot be settled privately; it must go through court.
- Triable by Magistrate → Heard by any Magistrate at the local level.
4. Examples of BNS Section 225
Example 1 – Domestic Violence Case
A woman wants to seek police protection from her abusive husband. The husband threatens her with more violence if she goes to the police. This falls under BNS 225.
Example 2 – Corruption Whistleblower
A businessman threatens an employee not to approach the Anti-Corruption Bureau, warning of job loss and harm. The threat to stop them from seeking protection is punishable under this law.
Example 3 – Not Guilty Case
If someone simply advises another person not to waste time with a false complaint (without threatening them), it may not be punishable under BNS 225.
5. Punishment under BNS Section 225
- Imprisonment → Up to 1 year.
- Fine → Amount decided by the court.
- Both → In serious cases, both imprisonment and fine may be imposed.
6. Importance of BNS Section 225
- Protects people’s right to seek legal help.
- Prevents intimidation that could silence victims.
- Strengthens trust in the justice system.
- Ensures that public servants can help citizens without outside pressure.
Section 225 BNS Overview
BNS Section 225 protects individuals from being threatened or intimidated into refraining from seeking legal protection from public servants. It ensures that everyone has the right to seek help from public authorities without fear. The section lays out clear penalties for offenders, including imprisonment for up to one year, fines, or both, and provides essential safeguards to uphold justice.
BNS Section 225 – 10 Key Points in Detailed Explanation
- Threat to Prevent Legal Protection:
This section applies when a person threatens someone to stop them from applying for legal protection. For example, if a person is afraid of being harmed and seeks protection from the police or any public servant, no one should prevent them from doing so by threats or intimidation. - Intent of the Threat:
The threat must be aimed at making the person refrain from approaching a public servant. The intention behind the threat is crucial. The law specifically punishes threats meant to prevent someone from using their legal right to seek protection from harm. - Legal Protection from Public Servant:
The law covers threats related to applying for protection from public servants who are legally authorized to provide such protection. This includes police officers, magistrates, or any other government officials responsible for ensuring public safety. - Imprisonment for Threat:
A person convicted under this section can face imprisonment for up to 1 year. The imprisonment serves as a punishment and deterrence for anyone trying to stop others from exercising their legal rights. - Fine as Punishment:
In addition to imprisonment, the offender may also be fined. The fine is at the discretion of the court, depending on the severity and circumstances of the case. - Non-Cognizable Offense:
The offense is non-cognizable, meaning that the police cannot arrest the accused without a warrant from a magistrate. This ensures that the police first seek court permission before taking any action. - Bailable Offense:
The offense is bailable, which means the accused can be released on bail while awaiting trial. The accused can apply for bail and may not need to remain in custody during the trial. - Non-Compoundable Offense:
The offense is non-compoundable, which means it cannot be settled out of court between the parties involved. The case must go through the full legal process, and the court must decide on the punishment. - Triable by Magistrate:
Cases under BNS Section 225 are tried by any magistrate. This makes the process easier and quicker since it doesn’t require a trial in higher courts. The local magistrate can hear the case based on the evidence presented. - Protection of Individual Rights:
This section ensures that people are not deprived of their legal right to seek protection from public authorities. It is designed to protect vulnerable individuals from being silenced by threats and intimidation.
BNS Section 225 – 2 Examples
- Example 1:
A woman, fearing domestic violence, decides to apply for police protection. Her abusive spouse threatens to harm her further if she seeks help from the authorities. This threat to prevent her from seeking protection from a public servant would fall under BNS Section 225. - Example 2:
A businessman threatens a whistleblower, telling them not to approach a government official to report corruption, warning of severe consequences if they do. This threat to stop the whistleblower from seeking legal protection from a public servant is punishable under this section.
BNS 225 Punishment
- Imprisonment: The offender can be punished with imprisonment for a term of up to 1 year.
- Fine: Alternatively, the offender may be fined, or they may face both imprisonment and a fine, depending on the severity of the offense.
BNS 225 bailable or not ?
Yes, BNS Section 225 is a bailable offense. This means the accused can be released on bail while awaiting trial.
Comparison Table: BNS Section 225 vs IPC Section 190
| Aspect | BNS Section 225 | IPC Section 190 |
|---|---|---|
| Definition | Threatening someone to stop them from applying for protection from a public servant. | Threatening a person to prevent them from applying for protection to a public servant. |
| Scope | Covers threats of harm, intimidation, or coercion that discourage victims or complainants. | Similar scope, but worded under IPC framework (now replaced by BNS). |
| Punishment | Imprisonment up to 1 year, or fine, or both. | Imprisonment up to 1 year, or fine, or both. |
| Cognizability | Non-cognizable – police need a warrant for arrest. | Non-cognizable – police need a warrant for arrest. |
| Bailability | Bailable – accused can seek bail. | Bailable – accused can seek bail. |
| Trial By | Any Magistrate. | Any Magistrate. |
BNS Section 225 FAQs
What is BNS Section 225?
BNS Section 225 punishes anyone who threatens another person to prevent them from seeking protection from a public servant who is authorized to provide legal protection.
What is the punishment under BNS Section 225?
The punishment can be imprisonment for up to one year, a fine, or both.
Is BNS Section 225 a bailable offense?
Yes, BNS Section 225 is a bailable offense, meaning the accused can apply for bail.
Is BNS Section 225 a non-cognizable offense?
Yes, it is a non-cognizable offense, meaning the police need a warrant from a magistrate to arrest the accused.
Can cases under BNS Section 225 be settled outside court?
No, cases under BNS Section 225 are non-compoundable, which means they cannot be settled outside court.
Who can try cases under BNS Section 225?
Cases under this section can be tried by any magistrate.
Conclusion
BNS Section 225 is a crucial safeguard for citizens, especially those facing threats, abuse, or injustice. It prevents offenders from silencing victims through intimidation and ensures that everyone can freely seek help from public authorities. By criminalizing such threats, the law protects both individuals and the integrity of the justice system. Respecting this section is vital for a society where every person feels safe to approach authorities for protection.
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