132 BNS : Assault or criminal force to deter public servant from discharge of his duty .

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Introduction of 132 BNS

132 BNS, provides legal protection to public servants from assault or criminal force while performing their official duties. It penalizes anyone who attacks, obstructs, or uses force against public officials either to stop them from discharging their duties or in retaliation for their lawful actions. By prescribing imprisonment of up to two years or a fine, Section 132 ensures that government officers can perform their work without intimidation or interference, thereby upholding the rule of law.

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The Bharatiya Nyaya Sanhita (BNS) Section 132 replaces the old Indian Penal Code (IPC) Section 353.

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What is section BNS Section 132 ?

BNS Section 132 defines the offense of assault or use of criminal force against a public servant during the discharge of their duties. The law seeks to protect public servants from any physical harm or coercion that could hinder them from performing their lawful functions. It establishes penalties for individuals who commit such offenses.

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Bare Act – BNS Section 132

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 for a term which may extend to two years, or with fine, or with both.

Section 132 protects public servants (like police officers, revenue officers, tax inspectors, traffic wardens, etc.) from assault or force while performing their lawful duties.

• If someone attacks, pushes, or obstructs a public servant on duty → they can face up to 2 years imprisonment, a fine, or both.
• The law applies whether the assault is to stop them from doing their job or in revenge for their lawful duty.
• The offense is cognizable (police can arrest without warrant), non-bailable (bail not easily granted), and non-compoundable (cannot be settled outside court).

Key Elements of Section 132

• Public Servant Protection → Covers any government officer or official doing lawful duties.
• Forms of Force → Includes physical assault, pushing, striking, or use of criminal force.
• Purpose of Assault → Either to stop them from working or in retaliation for performing lawful duty.
• Punishment → Up to 2 years imprisonment, or fine, or both.
• Classification → Cognizable, non-bailable, non-compoundable.
• Trial → Can be tried by any Magistrate.

Examples of Section 132

• Example 1: A police officer is arresting a thief. The thief’s friend hits the officer to stop the arrest.
  Section 132 applies → Assaulting a public servant → Punishable up to 2 years jail or fine.
• Example 2: A traffic constable fines a driver for breaking a signal. The driver pushes the constable angrily.
  Section 132 applies → Use of criminal force against public servant on duty.

Why Section 132 is Important

• Ensures safety of public servants so they can perform duties without fear.
• Deters people from attacking officials during lawful work.
• Maintains public order and respect for authority.
• Strengthens law enforcement and governance by penalizing obstruction.

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Section 132 BNS Overview

BNS Section 132 addresses the punishment for assaulting or using criminal force against a public servant while they are performing their duties. It aims to safeguard public servants from interference or harm while they are executing their official responsibilities. This section specifies the legal consequences for those who attempt to obstruct or attack public servants in their line of duty.

BNS Section 132: 10 Key Points Explained in Detail

1. Objective of the Section: BNS Section 132 aims to ensure that public servants can perform their duties without fear of assault or interference. It provides a legal mechanism to address and punish offenses against them while they are executing their official functions.
2. Scope of Application: The section applies to any act of assault or use of criminal force directed at a public servant while they are engaged in their official duties. This includes both physical attacks and any other forms of force that could obstruct their work.
3. Intent Requirement: The offense under this section is committed if the assault or force is intended to prevent or deter the public servant from performing their duties. It also covers actions taken in retaliation for the public servant’s lawful actions.
4. Punishment Details: The penalties for violating this section include imprisonment for up to two years, a fine, or both. This reflects the serious nature of obstructing or harming a public servant and aims to deter such actions.
5. Cognizability: The offense is cognizable, meaning the police have the authority to arrest the accused without a warrant. This ensures that immediate action can be taken to address the offense and protect public servants.
6. Bail Status: The offense is non-bailable, indicating that the accused cannot be easily granted bail. This is designed to ensure that those accused of such serious offenses are held accountable.
7. Compoundability: The offense is non-compoundable, which means it cannot be settled through mutual agreement between the parties involved. It must be resolved through the legal system.
8. Jurisdiction: Cases under this section can be tried by any magistrate, allowing for flexibility in the judicial process and ensuring that such offenses are properly adjudicated.
9. Examples of Offense: Examples include physically attacking a police officer who is making an arrest or using force to stop a public official from performing their duties.
10. Legal Protections for Public Servants: The section underscores the importance of safeguarding public servants who are carrying out their official responsibilities and ensuring they are protected from harm or obstruction.

Examples

1. Example 1: A police officer is attempting to disperse a crowd during a protest. An individual in the crowd throws a stone at the officer, intending to prevent the officer from performing their duties. This act constitutes assault under Section 132, as it is an attempt to obstruct the officer in their official capacity.
2. Example 2: A traffic warden is ticketing a vehicle for a parking violation. The driver of the vehicle aggressively pushes the warden away, intending to stop them from issuing the ticket. This physical act is an example of using criminal force against a public servant while they are performing their official duties.

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BNS 132 Punishment

• Imprisonment: The offender may be sentenced to imprisonment for up to two years.
• Fine: Alternatively, or additionally, the offender may be required to pay a fine.

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BNS 132 bailable or not ?

Non-Bailable: The offense is non-bailable, meaning that the accused cannot be easily granted bail and must face legal proceedings without immediate release.

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Comparison Table – BNS Section 132 vs IPC Section 353

Point	BNS Section 132	IPC Section 353
Definition	Assault or criminal force against a public servant while performing duty.	Same under IPC 353.
Punishment	Imprisonment up to 2 years, or fine, or both.	Same punishment – up to 2 years, or fine, or both.
Cognizability	Cognizable (arrest without warrant).	Cognizable.
Bailability	Non-bailable.	Non-bailable.
Compoundability	Non-compoundable.	Non-compoundable.
Trial By	Any Magistrate.	Any Magistrate.
Update in BNS	Modernized language and integrated provisions.	Original IPC wording retained.

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BNS Section 132 FAQs

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Conclusion

BNS Section 132 is a crucial safeguard for public servants performing their duties. It ensures that no individual can obstruct or intimidate government officials through assault or force. By making the offense cognizable, non-bailable, and non-compoundable, the law emphasizes the seriousness of protecting public officials. Mirroring IPC Section 353, this updated provision under the Bharatiya Nyaya Sanhita strengthens accountability and deters violence against those responsible for maintaining law and order.

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