BNS 222 : Omission to assist public servant when bound by law to give assistance.

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Introduction of BNS Section 222

BNS Section 222 of the Bharatiya Nyaya Sanhita deals with the failure of individuals to assist public servants when the law requires them to do so. Public servants, such as police officers, magistrates, or revenue officials, sometimes need the cooperation of citizens in carrying out their duties. This section ensures that people fulfill their legal duty by providing such assistance. If someone deliberately refuses to help, they can be punished with imprisonment or a fine. The law highlights that assisting public authorities is not just a moral responsibility but also a legal obligation to maintain order and public safety.

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The Bharatiya Nyaya Sanhita (BNS) Section 222 replaces the old Indian Penal Code (IPC) Section 187.

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What is BNS Section 222 ?

BNS Section 222 states that if a person, who is legally bound to help a public servant in their duties, deliberately fails to do so, they can be punished. This section includes two categories:

• 222(a): Punishes individuals who omit assistance with imprisonment of up to 1 month, a fine of up to ₹2,500, or both.
• 222(b): Deals with cases where a public servant demands assistance to stop a crime, control a riot, or arrest an offender. The punishment can extend to 6 months of imprisonment, a fine of ₹5,000, or both.

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Under Section 222 of the bns act 2023

“Whoever, being legally bound to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance—

(a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two thousand five hundred rupees, or with both;

(b) if such assistance is required for preventing the commission of an offence, the suppression of a riot, or the apprehension of an offender, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.”

Explanation in Simple Words

• This section applies when a person is legally required to help a public servant (like a police officer, magistrate, or government officer).
• If such a person intentionally refuses or neglects to give the required help, it is considered an offence.
• The law recognizes two levels of seriousness:
  • Clause (a): If the help is in ordinary official work → punishment is lighter (up to 1 month jail or fine).
  • Clause (b): If the help is demanded in serious situations like stopping a crime, suppressing a riot, or catching a criminal → punishment is harsher (up to 6 months jail or fine).

This ensures that citizens cannot refuse their legal duty when public safety or justice is at stake.

Nature of the Offence

• Non-cognizable → Police cannot arrest without a warrant.
• Bailable → The accused can get bail easily.
• Triable by Any Magistrate → The case can be heard in lower courts.

Examples

1. Refusal to Help During Arrest (Clause a):
   A police officer asks a man standing nearby to help carry official records to the station. The man refuses, even though he is legally bound to help. He is punishable under Section 222(a).
2. Refusal During Riot (Clause b):
   During a riot, police officers ask shopkeepers to close their shops and help stop the violence. A shopkeeper refuses deliberately. He can be punished under Section 222(b), as the help was demanded in a serious public safety situation.

Punishment under BNS Section 222

• Clause (a):
  • Up to 1 month simple imprisonment, or
  • Fine up to ₹2,500, or
  • Both.
• Clause (b):
  • Up to 6 months simple imprisonment, or
  • Fine up to ₹5,000, or
  • Both.

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Section 222 BNS Overview

BNS Section 222 makes it clear that anyone who is legally bound to help a public servant in their duty and intentionally refuses to do so can face penalties. This law applies especially when help is needed to execute lawful processes, prevent offenses, suppress riots, or apprehend offenders. The punishment includes imprisonment or a fine, depending on the severity of the omission.

BNS Section 222 in Simple Points:

1. Legal Obligation to Assist:
   This section applies to individuals who are legally required to assist public servants, such as police officers, in their official duties. When the law binds a person to help, failing to do so is a violation.
2. Intentional Omission:
   The law targets intentional omission. If someone knowingly and deliberately refuses to provide the necessary help to a public servant when asked, they fall under this section’s punishment.
3. Broad Scope of Assistance:
   Assistance could be needed in various circumstances, like preventing crimes, controlling riots, or apprehending a criminal. If a public servant demands help in such situations, the person is obligated by law to comply.
4. Two Categories of Offense:
   • Clause (a): If the individual omits to help without a direct demand from the public servant, they can face up to 1 month imprisonment or a fine of ₹2,500, or both.
   • Clause (b): If the public servant specifically asks for assistance in serious situations (such as stopping a crime or controlling a riot), failure to assist can result in up to 6 months imprisonment or a ₹5,000 fine, or both.
5. Severity Depends on the Situation:
   The punishment depends on the nature of the situation. Failing to assist in general tasks is punished less severely, while refusal to assist in more critical matters like preventing offenses or riots results in stricter penalties.
6. Non-Cognizable Offense:
   A non-cognizable offense means the police cannot arrest a person without a warrant. Legal action must first go through a court before any arrest or detention can be made.
7. Bailable Offense:
   Since the offense is bailable, the accused person can request bail, allowing them to stay out of jail while their trial is pending.
8. Any Magistrate Can Handle the Case:
   Cases under this section are triable by any magistrate, which means that it can be handled at the lower levels of the court system, making the process more accessible.
9. Focus on Public Order:
   The law is aimed at ensuring public cooperation in maintaining order. Public servants, especially those involved in law enforcement, depend on public assistance in times of need, and this section ensures that people are legally required to help.
10. Punishment as a Deterrent:
    By imposing penalties, this section ensures that people are discouraged from refusing assistance. It reinforces that helping public servants is not only a moral duty but a legal obligation, with consequences for those who do not comply.

Example 1: Refusal to Help in a Criminal Apprehension

A police officer is chasing a suspected criminal who has just committed a theft. The officer sees a person standing nearby and requests assistance in blocking the suspect’s path or helping in the arrest. The bystander, who is legally bound to assist, refuses to help despite the officer’s request. As a result, the suspect escapes. The bystander can be charged under BNS Section 222 for intentionally omitting assistance when required by law, and they may face up to one month in jail or a fine of ₹2,500.

Example 2: Ignoring a Call for Assistance During a Riot

During a public disturbance or riot, a police officer calls for nearby shop owners to help contain the situation or to report any rioters they see. One shopkeeper, who is legally bound to assist, deliberately ignores the request and closes their shop without offering any help. As the situation escalates, the officer struggles to control the riot. The shopkeeper’s refusal to provide assistance could result in charges under Clause (b) of BNS Section 222, with a punishment of up to six months in prison or a fine of ₹5,000.

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BNS Section 222 Punishment:

There are two key punishments under this section:

1. Imprisonment:
   • Clause (a): Up to 1 month of simple imprisonment for failing to assist a public servant without direct demand.
   • Clause (b): Up to 6 months of simple imprisonment for failing to assist when directly asked in situations involving prevention of crimes, riots, or apprehending offenders.
2. Fine:
   • Clause (a): A fine of up to ₹2,500.
   • Clause (b): A fine of up to ₹5,000.

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BNS 222 bailable or not ?

BNS Section 222 is a bailable offense. This means that if someone is accused under this section, they are eligible to apply for bail and remain out of jail while their case is being heard.

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Comparison Table: BNS Section 222 vs IPC Section 187

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BNS Section 222 FAQs

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Conclusion

BNS Section 222 emphasizes that helping public servants in the execution of their lawful duties is not optional but a legal duty for every citizen. By enforcing penalties for deliberate refusal, the law strengthens the hands of public servants in maintaining order, preventing crimes, and ensuring smooth governance. Compared to the older IPC Section 187, the new law under BNS is stricter and more detailed, especially for serious situations like preventing offences or controlling riots. It ensures stronger accountability and reinforces the principle that citizens must actively cooperate with public authorities for the safety and welfare of society.

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