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Introduction of 132 BNS

132 BNS deals with the offense of assaulting or using criminal force against a public servant while they are performing their official duties. It aims to protect public servants from violence or intimidation that might obstruct their work. The section prescribes penalties for anyone who tries to hinder a public servant’s duty through force.


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



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.


BNS 132 assault on public servants defined
BNS 132: Offense of assaulting public servants

BNS 132 in Simple Points

  1. Scope of Protection: This section provides protection to public servants from assault or any form of criminal force while they are carrying out their official duties.
  2. Intent: The law covers acts where the intent is to prevent or deter a public servant from performing their duties or in response to actions taken by the public servant in the lawful execution of their duties.
  3. Types of Force Covered: It includes both physical assault and any other form of criminal force that can affect the public servant.
  4. Penalties: Offenders can face imprisonment for up to two years, a fine, or both. This demonstrates the seriousness of the offense.
  5. Legal Classification: The offense is classified as cognizable (police can arrest without a warrant), non-bailable (the accused cannot easily be granted bail), and non-compoundable (the offense cannot be settled out of court).

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.

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.

BNS 132 punishment: imprisonment and fine
BNS 132 punishment: up to 2 years and fines

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.


Bharatiya Nyaya Sanhita Section 132

PointsDetails
OffenseAssault or use of criminal force against a public servant
PunishmentImprisonment for up to 2 years, or fine, or both
ClassificationCognizable, Non-bailable, Non-compoundable
JurisdictionAny Magistrate
Bharatiya Nyaya Sanhita Section 132

BNS Section 132 FAQs

What does Section 132 cover?

What are the possible penalties under Section 132?

The penalties include imprisonment for up to two years, a fine, or both.

Is the offense under Section 132 bailable?

Can the offense under Section 132 be settled out of court?

Who is considered a public servant under this section?


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