Introduction of 267 BNS
267 BNS of the Bharatiya Nyaya Sanhita, 2023 deals with the intentional insult or interruption to a public servant during judicial proceedings. Courts are places where justice is delivered, and maintaining respect, discipline, and order is crucial. This section protects judges, magistrates, and other public servants from deliberate disrespect, verbal abuse, or intentional disruptions while they are performing judicial duties. By criminalizing such acts, the law ensures smooth functioning of court proceedings and safeguards the dignity of the justice system.
The Bharatiya Nyaya Sanhita (BNS) Section 267 replaces the old Indian Penal Code (IPC) Section 228.
- Introduction of BNS Section 267
- What is BNS Section 267 ?
- BNS 267 in Simple Points
- Section 267 BNS Overview
- BNS 267 Punishment
- BNS 267 bailable or not ?
- Bharatiya Nyaya Sanhita Section 267
- BNS Section 267 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 267 ?
BNS Section 267 deals with the protection of public servants in judicial proceedings by criminalizing intentional insults or interruptions directed towards them while they are engaged in their duties. If someone intentionally causes a disruption or verbally abuses a judge, magistrate, or any other public servant involved in a judicial matter, they can face punishment. The law aims to maintain order and respect within the courtroom and the judicial system.
Under Section 267 of the bns act 2023
Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for up to six months, or with a fine up to five thousand rupees, or with both.
1. Meaning of the Provision
This section punishes any person who deliberately insults or disturbs a public servant (such as a judge or magistrate) during judicial proceedings.
- It applies only to intentional insults or interruptions, not accidental behavior.
- The focus is to protect the dignity and order of the court.
2. Who is Covered?
- Judges and Magistrates → If they are conducting trials or hearings and are insulted or interrupted.
- Court Officials → Any public servant actively involved in a judicial proceeding.
- Individuals Present in Court → Any person who causes intentional disturbance or insult during the process.
3. Essential Ingredients
To prove an offence under this section, it must be shown that:
- The public servant was engaged in a judicial proceeding.
- The accused intentionally caused an insult or interruption.
- The act was deliberate, not accidental or unintentional.
4. Examples under BNS 267
- Example 1: During a trial, a person starts shouting at the judge and calling him biased. → Punishable under Section 267.
- Example 2: An individual deliberately creates chaos in the courtroom to stop proceedings. → Covered under this section.
- Not Covered: A person sneezes loudly or drops something accidentally in court, causing momentary disruption. → Not punishable since it was not intentional.
5. Punishment under BNS Section 267
- Imprisonment → Simple imprisonment up to 6 months.
- Fine → Up to ₹5,000.
- Both → In some cases, courts may impose imprisonment and fine together.
6. Legal Classification
- Bailable → Accused can apply for bail.
- Non-Cognizable → Police cannot arrest without court approval.
- Non-Compoundable → Cannot be privately settled; must go through trial.
- Triable by Any Magistrate → Generally by the court where the offence occurred.
7. Importance of BNS Section 267
- Maintains discipline and respect in courtrooms.
- Protects public servants (judges, magistrates) from deliberate insults.
- Prevents disruptions that could delay justice.
- Reinforces the authority and dignity of the judicial system.
Section 267 BNS Overview
BNS Section 267 addresses the offense of intentionally insulting or interrupting a public servant during their involvement in any stage of a judicial proceeding. This section specifically protects public servants, such as judges or magistrates, from any disruptions or insults that might occur while they are performing their duties in court. The goal of this section is to ensure the smooth and respectful functioning of judicial proceedings without external interference or disturbances.
BNS Section 267 Explained in 10 Key Points
- Definition of Offense
- BNS Section 267 deals with the offense of intentionally insulting or interrupting a public servant who is engaged in judicial proceedings. A public servant could be a judge or magistrate overseeing the case. Any act of disruption, verbal abuse, or interference during this process is punishable under this section.
- Purpose of the Law
- The purpose of this section is to ensure the smooth functioning of judicial processes by protecting public servants from disruptions and insults. It aims to maintain order and respect in courts, ensuring that legal proceedings can be conducted without unnecessary interference or disturbances.
- Nature of the Offense
- The offense is intentional, meaning the individual must deliberately insult or cause disruption. It could involve verbal insults, causing physical disturbance, or attempting to obstruct the proceedings. The law only punishes those who act knowingly to interfere with the judicial process.
- Type of Punishment
- The punishment for violating Section 267 can be simple imprisonment for up to six months or a fine of up to five thousand rupees, or both. This serves as a deterrent to prevent anyone from disrupting legal proceedings intentionally.
- Bail and Court Proceedings
- This offense is bailable, which means that an individual arrested for this offense can apply for bail. The decision to grant bail is subject to the discretion of the court, which will consider the circumstances of the case.
- Cognizability of the Offense
- BNS Section 267 is a non-cognizable offense, meaning the police do not have the authority to arrest the accused without a warrant. However, the offense is still serious, and legal proceedings will follow through the courts.
- Impact on Court Order
- Section 267 is designed to maintain order and decorum in judicial proceedings. Disruptions, whether verbal or physical, can cause delays in the trial process, undermining the legal system’s efficiency. The law ensures that such interruptions are addressed appropriately.
- Applicable Situations
- The offense occurs during a judicial proceeding—for instance, when a judge or magistrate is conducting a trial or hearing a case. Insults or interruptions during this time can disrupt the judicial process, thus violating the law.
- Importance of Respecting Legal Authority
- The section underlines the importance of respecting the legal authority of public servants who are administering justice. By protecting them from insults or interruptions, the law upholds the integrity and dignity of the judicial process.
- Jurisdiction for Trial
- Cases under this section can be tried by the court in which the offense was committed. This is generally the court in which the judicial proceeding was taking place, but if the offense was not committed in a courtroom, it can be tried in any magistrate’s court.
Examples of BNS Section 267
- Example 1: Verbal Insult in Courtroom
- During a court hearing, a person verbally insults the judge, calling them biased and corrupt. This is a direct violation of Section 267 as the individual intentionally disrespects the public servant during a judicial proceeding. The person could face imprisonment, a fine, or both.
- Example 2: Disrupting Court Proceedings
- A person interrupts a lawyer’s argument by shouting, causing a commotion in the courtroom. The disturbance disrupts the flow of the case, and the individual is arrested for violating Section 267. The person is punishable with imprisonment for up to six months or a fine.
BNS 267 Punishment
- Imprisonment: The individual may face simple imprisonment for up to six months if convicted under this section.
- Fine: The offender may also be required to pay a fine of up to five thousand rupees, or both imprisonment and fine may be imposed.
BNS 267 bailable or not ?
- Bailable: Yes, this offense is bailable, meaning the person can apply for bail.
- The decision on bail will be taken by the court depending on the case’s specifics.
Bharatiya Nyaya Sanhita Section 267
| BNS Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial by |
|---|---|---|---|---|---|
| 267 | Intentional insult or interruption to a public servant sitting in a judicial proceeding. | Simple imprisonment for up to 6 months, or a fine of up to ₹5,000, or both. | Bailable | Non-Cognizable | Any Magistrate (Court where the offense occurred) |
Comparison Table – BNS 267 vs IPC 228
| Comparison Points | BNS Section 267 | IPC Section 228 |
|---|---|---|
| Offence Defined | Intentional insult or interruption to a public servant during judicial proceedings. | Intentional insult or interruption to a public servant in judicial proceedings. |
| Punishment | Simple imprisonment up to 6 months, or fine up to ₹5,000, or both. | Simple imprisonment up to 6 months, or fine up to ₹1,000, or both. |
| Bailability | Bailable | Bailable |
| Cognizability | Non-Cognizable | Non-Cognizable |
| Trial Court | Any Magistrate (generally where offence occurred) | Any Magistrate |
BNS Section 267 FAQs
What is Section 267 about?
It deals with the punishment for intentionally insulting or interrupting a public servant during a judicial proceeding.
What actions can lead to punishment under this BNS section 267?
Insulting or disturbing a public servant who is sitting in any stage of a judicial proceeding can lead to punishment under this section.
What is the punishment for this offense?
The punishment can be up to six months of simple imprisonment, a fine of up to five thousand rupees, or both.
Is this a cognizable offense?
No, Section 267 is a non-cognizable offense, which means the police cannot arrest without a warrant.
Can this BNS 266 offense be tried in any court?
Yes, it is triable by any magistrate depending on where the offense was committed.
Can an offender apply for bail?
Yes, the offense is bailable, so the accused can seek bail from the court.
Conclusion
BNS Section 267 emphasizes respect for public servants during judicial proceedings. By penalizing intentional insults or disruptions, it ensures that the judicial system works smoothly and fairly. Compared to IPC Section 228, BNS Section 267 modernizes the punishment by increasing the fine amount (from ₹1,000 to ₹5,000), making it stricter while maintaining the same core objective — to protect the dignity of judicial proceedings. This section strengthens courtroom discipline and reinforces public trust in the justice delivery system.
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