BNS 225

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Introduction of BNS 225

BNS 225 addresses situations where someone threatens another person to prevent them from seeking legal protection from a public servant. It aims to protect individuals who wish to approach public servants for legal protection from threats or harm. The law ensures that no one is discouraged from seeking protection through intimidation or threats.

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The Bharatiya Nyaya Sanhita (BNS) Section 225 replaces the old Indian Penal Code (IPC) Section 190.

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What is BNS Section 225 ?

BNS Section 225 makes it a crime to threaten someone with the aim of stopping them from seeking legal protection from a public servant who is authorized to offer such protection. If someone is found guilty of doing this, they can be punished with imprisonment for up to one year, a fine, or both.

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BNS 225 in Simple Points

1. Protection Against Coercion:
   This section ensures that no one can be coerced into giving up their right to seek protection from public servants. Whether the threat is physical, financial, or emotional, the law stands against any form of coercion.
2. Imprisonment and Fine:
   The law provides for imprisonment up to one year and/or a fine. The court can impose one or both types of punishment, depending on the seriousness of the threat. The possibility of both imprisonment and a fine strengthens the deterrent effect of this law.
3. Right to Legal Protection:
   This section underscores that every person has the right to apply for legal protection from a public servant without fear of threats. The law ensures that people can freely seek protection when they feel endangered or threatened by others.
4. Non-Cognizable and Bailable Nature:
   Since the offense is non-cognizable and bailable, the accused cannot be immediately arrested. The legal process is initiated only with a magistrate’s permission, and bail can be granted, allowing the accused to stay out of custody while the case proceeds.
5. Judicial Safeguard:
   The non-compoundable nature of this offense ensures that justice is pursued in court and that the case cannot simply be resolved through mutual agreement outside of court. This is important in preventing undue pressure on victims to drop charges.

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Section 225 BNS Overview

BNS Section 225 protects individuals from being threatened or intimidated into refraining from seeking legal protection from public servants. It ensures that everyone has the right to seek help from public authorities without fear. The section lays out clear penalties for offenders, including imprisonment for up to one year, fines, or both, and provides essential safeguards to uphold justice.

BNS Section 225 – 10 Key Points in Detailed Explanation

1. Threat to Prevent Legal Protection:
   This section applies when a person threatens someone to stop them from applying for legal protection. For example, if a person is afraid of being harmed and seeks protection from the police or any public servant, no one should prevent them from doing so by threats or intimidation.
2. Intent of the Threat:
   The threat must be aimed at making the person refrain from approaching a public servant. The intention behind the threat is crucial. The law specifically punishes threats meant to prevent someone from using their legal right to seek protection from harm.
3. Legal Protection from Public Servant:
   The law covers threats related to applying for protection from public servants who are legally authorized to provide such protection. This includes police officers, magistrates, or any other government officials responsible for ensuring public safety.
4. Imprisonment for Threat:
   A person convicted under this section can face imprisonment for up to 1 year. The imprisonment serves as a punishment and deterrence for anyone trying to stop others from exercising their legal rights.
5. Fine as Punishment:
   In addition to imprisonment, the offender may also be fined. The fine is at the discretion of the court, depending on the severity and circumstances of the case.
6. Non-Cognizable Offense:
   The offense is non-cognizable, meaning that the police cannot arrest the accused without a warrant from a magistrate. This ensures that the police first seek court permission before taking any action.
7. Bailable Offense:
   The offense is bailable, which means the accused can be released on bail while awaiting trial. The accused can apply for bail and may not need to remain in custody during the trial.
8. Non-Compoundable Offense:
   The offense is non-compoundable, which means it cannot be settled out of court between the parties involved. The case must go through the full legal process, and the court must decide on the punishment.
9. Triable by Magistrate:
   Cases under BNS Section 225 are tried by any magistrate. This makes the process easier and quicker since it doesn’t require a trial in higher courts. The local magistrate can hear the case based on the evidence presented.
10. Protection of Individual Rights:
    This section ensures that people are not deprived of their legal right to seek protection from public authorities. It is designed to protect vulnerable individuals from being silenced by threats and intimidation.

BNS Section 225 – 2 Examples

1. Example 1:
   A woman, fearing domestic violence, decides to apply for police protection. Her abusive spouse threatens to harm her further if she seeks help from the authorities. This threat to prevent her from seeking protection from a public servant would fall under BNS Section 225.
2. Example 2:
   A businessman threatens a whistleblower, telling them not to approach a government official to report corruption, warning of severe consequences if they do. This threat to stop the whistleblower from seeking legal protection from a public servant is punishable under this section.

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BNS 225 Punishment

1. Imprisonment: The offender can be punished with imprisonment for a term of up to 1 year.
2. Fine: Alternatively, the offender may be fined, or they may face both imprisonment and a fine, depending on the severity of the offense.

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BNS 225 bailable or not ?

Yes, BNS Section 225 is a bailable offense. This means the accused can be released on bail while awaiting trial.

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Bharatiya Nyaya Sanhita Section 225

Section	Offense	Punishment	Bailable	Cognizable	Triable By	Compoundable
BNS 225	Threat of injury to induce a person to refrain from applying for protection to a public servant	Imprisonment for up to 1 year, or fine, or both	Yes	No	Any Magistrate	No

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BNS Section 225 FAQs

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