BNS 224 : Threat of injury to public servant.

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Introduction of BNS 224

BNS 224 of the Bharatiya Nyaya Sanhita ensures that public servants can perform their duties without fear or intimidation. This law punishes anyone who threatens a public servant, or someone close to them, with the intention of forcing them to act, delay, or avoid their official responsibilities. It safeguards government officers, judges, police, and other authorities from undue pressure, maintaining the independence and fairness of public duties.

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The Bharatiya Nyaya Sanhita (BNS) Section 224 replaces the old Indian Penal Code (IPC) Section 189.

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What is BNS Section 224 ?

BNS Section 224 criminalizes threats made to public servants to influence their official actions. If someone threatens a public servant or a person close to them in order to make the public servant act, delay, or refrain from doing their duties, they can be punished with imprisonment for up to 2 years, a fine, or both.

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Under Section 224 of the bns act 2023

“Whoever, by threatening any public servant, or any person in whom the public servant is interested, with injury to them, intends to induce the public servant to do any act, or to omit or delay the doing of any act connected with their official duty, shall be punished with imprisonment up to two years, or with fine, or with both.”

1. Meaning of “Threat to Public Servant”

• It means giving threats to a public servant or someone close to them (family, friend, relative, or associate).
• The purpose of the threat must be to influence the official duty of that public servant.
• The threat can be verbal, written, digital (messages), or physical – all are punishable.

2. Who is Covered?

This section applies to:

• Any individual making threats to a public servant.
• Threats to relatives/friends of a public servant (indirect pressure).
• Public servants of all categories, including police officers, judges, revenue officers, election officers, etc.

3. Nature of the Offence

• Non-cognizable → Police cannot arrest without a court warrant.
• Bailable → Accused has the right to bail.
• Non-compoundable → Cannot be settled privately, must go through court.
• Triable by any Magistrate → Handled at the local level in a Magistrate’s court.

4. Examples of BNS Section 224

• Example 1 – Business Pressure
  A businessman threatens a licensing officer that his family will be harmed if he doesn’t grant an approval. This is punishable under Section 224.
• Example 2 – Judicial Threat
  A litigant sends messages to a judge, warning that his property will be attacked if the judge doesn’t rule in his favor. This is a clear violation of Section 224.
• Example 3 – Not Applicable
  If a threat is purely personal (like a neighborhood dispute with no link to official duty), Section 224 does not apply.

5. Punishment under BNS Section 224

• Imprisonment → Up to 2 years.
• Fine → Court can impose a financial penalty.
• Both → Depending on seriousness, both jail and fine may be applied.

6. Importance of BNS Section 224

• Protects public servants from fear and coercion.
• Ensures fair and unbiased decision-making.
• Strengthens public trust in governance.
• Prevents misuse of power by individuals who try to intimidate officials.

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Section 224 BNS Overview

BNS Section 224 is a crucial legal provision that protects public servants from threats and coercion that could influence their work. It applies to both direct threats and threats made to people close to the public servant. The section ensures that offenders can be punished with imprisonment, fines, or both, and it is bailable and non-compoundable, meaning the case cannot be settled outside of court. Public officials must be able to perform their duties without fear, and this section helps safeguard their impartiality and integrity.

BNS Section 224 – 10 Key Points in Detailed Explanation

1. Threat to Public Servant:
   This section deals with threats made to public servants, meaning any person employed in government work. The section makes it illegal for anyone to threaten harm to a public servant, especially to force them to act in a particular way or avoid taking action in connection to their duties. This includes both physical and mental harm.
2. Purpose of Threat:
   The threat must be made with the intent to influence the public servant’s decisions. For example, if a person threatens a government official to delay or stop an investigation, it would fall under this section. The intent is to interfere with the proper functioning of the government.
3. Target of Threat:
   The threat can be directed not only at the public servant but also at a person they care about or someone they have a connection with. This ensures that even indirect threats to people close to the public servant are covered, preventing loopholes where someone might threaten a family member to influence the official.
4. Link to Official Duty:
   The threat must be directly connected to the public servant’s official duties. It applies to situations where the threat is aimed at forcing the public servant to do something (like issuing a permit) or refrain from doing something (like halting a legal process).
5. Punishment of Imprisonment:
   If convicted, the offender can be sentenced to up to 2 years in prison. The term of imprisonment will vary depending on the severity of the offense and the circumstances under which the threat was made.
6. Fine as Punishment:
   Apart from imprisonment, the law also allows for a fine to be imposed on the offender. The amount of the fine is not specified but is at the discretion of the court, depending on the case.
7. Non-Cognizable Offense:
   A non-cognizable offense means that the police cannot arrest the person without a warrant from a magistrate. In such cases, the police must seek permission from the court before proceeding with any action against the accused.
8. Bailable Offense:
   The offense is bailable, which means the accused can apply for bail and may not have to stay in jail during the trial. Bail allows the person to be released from custody on certain conditions until the court hears the case.
9. Triable by Magistrate:
   Cases under BNS Section 224 are tried by any magistrate. This means that it doesn’t require a higher court, and local magistrates can hear and decide the case based on the evidence and facts presented.
10. Non-Compoundable Offense:
    BNS Section 224 is a non-compoundable offense, meaning the parties involved cannot settle the matter out of court. The case must go through the legal process, and the court must issue a ruling, even if both parties agree to settle outside.

BNS Section 224 – 2 Examples

1. Example 1:
   A businessman threatens a government official who is in charge of issuing licenses. The businessman tells the official that if they do not grant him the license, he will harm the official’s family. The official delays the process due to fear. This action would fall under BNS Section 224, as it involves a threat to force the public servant to act against their duties.
2. Example 2:
   A person involved in a legal dispute sends threats to a judge, stating that they will cause damage to the judge’s property if the judge does not rule in their favor. The intent here is to make the judge act in a way that benefits the individual, which is covered under this section.

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BNS 224 Punishment

1. Imprisonment: The maximum punishment is up to 2 years of imprisonment for threatening a public servant.
2. Fine: The offender can also be fined, or in some cases, both imprisonment and a fine may be applied.

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BNS 224 bailable or not ?

BNS Section 224 is a bailable offense, meaning the accused can apply for bail and may be released from jail while the trial is ongoing.

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Comparison Table: BNS Section 224 vs IPC Section 189

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BNS Section 224 FAQs

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Conclusion

BNS Section 224 plays a vital role in protecting the integrity of public administration. By criminalizing threats against public servants, it prevents individuals from using fear or pressure to influence official decisions. This law not only ensures the safety of government officers but also promotes transparency and accountability in governance. Respecting this provision is essential for maintaining trust in the justice system and safeguarding the smooth functioning of public institutions.

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