Introduction of BNS Section 222
BNS Section 222 deals with the failure to assist a public servant when legally obligated to do so. It ensures that individuals who are bound by law to help public servants in performing their duties provide the necessary assistance. If someone intentionally refuses to help a public servant, they can face punishment under this section.
The Bharatiya Nyaya Sanhita (BNS) Section 222 replaces the old Indian Penal Code (IPC) Section 187.
- Introduction of BNS Section 222
- What is BNS Section 222 ?
- BNS 222 in Simple Points
- Section 222 BNS Overview
- BNS Section 222 Punishment:
- BNS 222 bailable or not ?
- Bharatiya Nyaya Sanhita Section 222
- BNS Section 222 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 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.

BNS 222 in Simple Points
- Legal Obligation to Assist Public Servants:
This section applies to situations where someone is required by law to help a public servant in the execution of their duty. For example, if the police ask for assistance during an investigation or while controlling a situation like a riot, the individual is legally bound to help. - Intentional Omission:
The section only applies if the omission or refusal to assist is intentional. This means the person knows they should help but deliberately chooses not to. Accidental or unintentional failure to assist is not covered under this law. - Two Categories of Punishment:
- Under Clause (a): If someone fails to assist a public servant without any special demand, they can be punished with 1 month imprisonment, a ₹2,500 fine, or both.
- Under Clause (b): If the omission happens after a public servant makes a direct request for assistance (e.g., during a crime or riot), the punishment can be up to 6 months imprisonment, a ₹5,000 fine, or both.
- Non-Cognizable Offense:
This means that police cannot arrest the accused without a warrant. The case must be referred to the court before any legal action is taken, ensuring that there is a due legal process. - Bailable and Tried by a Magistrate:
Offenses under this section are bailable, meaning the accused can apply for bail while awaiting trial. It is also triable by any Magistrate, making it easier for the case to be handled in the lower courts.
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:
- 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. - 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. - 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. - 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.
- 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. - 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. - 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. - 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. - 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. - 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.
BNS Section 222 Punishment:
There are two key punishments under this section:
- 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.
- Fine:
- Clause (a): A fine of up to ₹2,500.
- Clause (b): A fine of up to ₹5,000.

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.
Bharatiya Nyaya Sanhita Section 222
BNS Section | Description | Punishment | Cognizable/Non-cognizable | Bailable/Non-bailable | Triable by |
---|---|---|---|---|---|
222(a) | Failure to assist a public servant when legally bound. | Imprisonment up to 1 month, fine up to ₹2,500, or both. | Non-cognizable | Bailable | Any Magistrate |
222(b) | Wilfully neglecting to aid a public servant during execution of process, stopping crimes, etc. | Imprisonment up to 6 months, fine up to ₹5,000, or both. | Non-cognizable | Bailable | Any Magistrate |
BNS Section 222 FAQs
What is BNS Section 222?
BNS Section 222 deals with the legal obligation of individuals to assist public servants in their official duties. If a person refuses to help a public servant when legally required, they can face imprisonment or fines.
What happens if I refuse to assist a public servant?
If you are legally obligated to assist a public servant and you intentionally refuse, you can be punished with up to 1 month of imprisonment or a fine of up to ₹2,500 under Clause (a), or 6 months imprisonment or a ₹5,000 fine under Clause (b), depending on the situation.
Is BNS Section 222 a bailable offense?
Yes, BNS Section 222 is a bailable offense. This means the accused can apply for bail and remain out of custody while the case is pending.
What is the maximum imprisonment under BNS Section 222?
The maximum imprisonment under this section is 6 months if the failure to assist occurs in more severe situations, such as preventing a crime or stopping a riot.
What does “non-cognizable offense” mean under this section?
A non-cognizable offense means that the police cannot arrest someone without a warrant. The case must be handled through the court first.
Who handles cases under BNS Section 222?
Any Magistrate can handle cases under this section. This means it can be tried in the lower courts, making the process more efficient.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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