Introduction of Section 121 BNS
Public servants—like police officers, tax officers, or government inspectors—often face threats or violence while doing their duties. To protect them, Section 121 of the Bharatiya Nyaya Sanhita (BNS), 2023, makes it a crime to voluntarily cause hurt or grievous hurt to a public servant either to stop them from performing their duty or as retaliation for their lawful actions. Replacing IPC provisions, this section prescribes punishments ranging from 5 years to 10 years imprisonment, and even more in serious cases. In this article, we explain BNS Section 121 in simple words, examples, punishments, and its importance.”
The Bharatiya Nyaya Sanhita (BNS) Section 121(1) replaces the old Indian Penal Code (IPC) Section 332.
The Bharatiya Nyaya Sanhita (BNS) Section 121(2) replaces the old Indian Penal Code (IPC) Section 333.
- Introduction of Section 121 BNS
- What is BNS Section 121 ?
- Bare Act – BNS Section 121
- BNS 121(1) in Simple Points
- Section 121 BNS Overview
- BNS 121 Punishment
- BNS 121 bailable or not ?
- Bharatiya Nyaya Sanhita Section 121
- Comparison Table : BNS Section 121 vs IPC Provision
- BNS Section 121 FAQs
- Conclusion
- Need Legal Support?
What is BNS Section 121 ?
BNS Section 121 outlines the offense of causing harm to public servants to prevent or deter them from carrying out their lawful duties. It covers both hurt and grievous hurt, with varying degrees of punishment based on the severity of the injury inflicted. It aims to protect public servants from being attacked for doing their job.
Bare Act – BNS Section 121
(1) Whoever voluntarily causes hurt to any public servant in order to deter or prevent that servant from performing his lawful duty, or in consequence of anything done in the lawful discharge of duty, shall be punished with imprisonment up to 5 years, or fine, or both.
(2) Whoever voluntarily causes grievous hurt to any public servant for the same purpose shall be punished with imprisonment for not less than 1 year, which may extend up to 10 years, and fine.
This provision replaces IPC Sections 332 and 333 under the Bharatiya Nyaya Sanhita, 2023.
Section 121 protects public servants like police officers, tax officers, and other government officials from being attacked or harmed while carrying out their lawful duties.
- If someone hurts a public servant (causing minor injuries such as bruises, cuts, or swelling), they can be punished with up to 5 years imprisonment or fine, or both.
- If someone causes grievous hurt (serious injuries like fractures, permanent damage, or life-threatening harm), they face a minimum of 1 year imprisonment, which can extend to 10 years, along with a fine.
This ensures that violence against public servants is treated as a serious offence and punished strictly.
- Target of the crime → The victim must be a public servant (police, revenue officer, government inspector, etc.).
- Purpose of harm → To prevent them from performing lawful duties, or as retaliation for performing those duties.
- Two levels of injury →
- Hurt (minor injury) → up to 5 years imprisonment.
- Grievous hurt (serious injury) → 1–10 years imprisonment.
- Cognizable offence → Police can arrest without a warrant.
- Non-bailable → Bail cannot be easily obtained.
- Trial →
- Hurt cases → Magistrate of the First Class.
- Grievous hurt cases → Court of Session.
Examples of BNS Section 121
- Example 1 (Hurt – 121(1)):
A police officer stops a protester from creating violence. The protester punches the officer to prevent him from doing his duty. → Punishable under 121(1). - Example 2 (Grievous Hurt – 121(2)):
A tax officer visits a shop to recover dues. The shopkeeper, in anger, breaks the officer’s arm. → Punishable under 121(2), with a minimum of 1 year imprisonment. - Example 3 (Retaliation):
A municipal officer fines a person for illegal construction. Later, the person severely injures the officer in revenge. → Covered under 121(2) as grievous hurt in retaliation.
Why Section 121 is Important
- Ensures protection for public servants performing their duties.
- Prevents intimidation or retaliation against government officials.
- Provides proportionate punishment (minor hurt vs grievous hurt).
- Strengthens the justice system by discouraging attacks on officials.
- Replaces older IPC laws with a clearer and stricter framework.
BNS 121(1) in Simple Points
BNS Section 121(1) – 5 Key Points
- Voluntarily Causing Hurt to Public Servant
If someone intentionally causes hurt to a public servant while they are performing their duties or to prevent them from continuing their work, they can be charged under this section. Hurt here refers to any form of physical injury inflicted intentionally. - Punishment
The punishment for causing hurt to a public servant under BNS 121(1) is imprisonment of up to 5 years, or a fine, or both. The punishment reflects the importance of protecting public officials while they are performing their legal duties. - Protection Against Interference
The law specifically protects public servants from being attacked or threatened to prevent them from carrying out their duties. This protection ensures that public servants can continue to perform their work without fear of violence. - Non-Bailable Offense
Offenses under this section are non-bailable. This means that the accused cannot easily secure bail and will need to go through a court process to apply for it. - Cognizable Offense
The offense is cognizable, meaning the police can arrest the accused without a warrant. This makes it easier for law enforcement to act quickly when a public servant is attacked.
BNS Section 121(2) – 5 Key Points
- Voluntarily Causing Grievous Hurt to Public Servant
Under BNS Section 121(2), if someone causes grievous hurt to a public servant, which refers to more severe physical injuries, they are subject to a higher level of punishment. Grievous hurt includes injuries that cause long-term damage or serious harm. - Punishment for Grievous Hurt
The punishment for grievous hurt under this section is more severe than for simple hurt. It includes a minimum imprisonment term of 1 year, which can extend up to 10 years. Additionally, the offender is also liable to pay a fine. - Intention to Deter or Retaliate
The section covers cases where grievous hurt is caused either to prevent a public servant from performing their duty or in retaliation for actions they took while discharging their duty. This ensures that public servants are protected even after they have completed a task. - Non-Bailable Offense
Similar to Section 121(1), offenses under this sub-section are non-bailable, meaning the accused cannot easily be released on bail and must go through a legal process to apply for it. - Tried by Court of Session
Cases involving grievous hurt under BNS 121(2) are triable by the Court of Session, reflecting the seriousness of the offense. The Court of Session handles more serious criminal cases, ensuring that severe injuries to public servants are treated with appropriate gravity.
Section 121 BNS Overview
BNS Section 121 deals with harming public servants to stop them from doing their duties. It includes both minor and serious injuries, with different punishments depending on the harm caused. This section is meant to protect public servants from attacks while doing their jobs.
Section 121 BNS Overview :10 Key Points
- Causing Hurt to a Public Servant
The law makes it a crime to intentionally cause harm to a public servant to stop them from doing their job. - Preventing Duties
It applies when someone tries to prevent or stop a public servant from performing their official duties. - Retaliation for Duties
If someone harms a public servant in response to something they did while carrying out their job, this section also applies. - Punishment for Hurt
If the hurt caused is not severe, the person can be punished with imprisonment of up to 5 years, a fine, or both. - Grievous Hurt Explained
If the injury caused is serious (grievous hurt), the punishment increases significantly. - Minimum Punishment for Grievous Hurt
For grievous hurt, the minimum punishment is 1 year in prison, but it can go up to 10 years, with a fine also imposed. - Cognizable Offense
Police can arrest the offender without a warrant because these offenses are cognizable. - Non-Bailable Offense
Offenses under this section are non-bailable, meaning the accused must go through a court process to apply for bail. - Triable by Magistrate or Court of Session
Less severe offenses (hurt) are tried by a Magistrate, while more severe cases (grievous hurt) go to the Court of Session. - Protection Against Retaliation
This section ensures public servants are protected from retaliation for doing their jobs.
Example 1:
A police officer is trying to control a protest and asks a group of people to disperse. One person from the crowd, angered by the officer’s actions, physically attacks the officer, causing minor injuries. This attack is an attempt to stop the officer from doing their job. Under BNS Section 121(1), the person can be charged with voluntarily causing hurt to a public servant, which could lead to imprisonment for up to 5 years or a fine, or both.
Example 2:
A tax officer visits a business to collect overdue taxes. In retaliation for the officer’s actions, the business owner severely injures the officer, breaking his arm. This injury is intended to prevent the officer from doing his duty and as revenge for the tax collection. Under BNS Section 121(2), the business owner can be charged with voluntarily causing grievous hurt to a public servant, facing imprisonment for at least 1 year, which could extend up to 10 years, along with a fine.
BNS 121 Punishment
For Hurt (Section 121(1)): Imprisonment of up to 5 years, or a fine, or both
.For Grievous Hurt (Section 121(2)): Imprisonment of not less than 1 year, but can extend to 10 years, along with a fine.
BNS 121 bailable or not ?
Non-bailable: Both hurt and grievous hurt under BNS Section 121 are non-bailable offenses, meaning the accused cannot easily secure bail without the court’s intervention.
Bharatiya Nyaya Sanhita Section 121
| BNS Section | Offense | Punishment | Cognizable/Bailable | Court |
|---|---|---|---|---|
| 121(1) | Voluntarily causing hurt to deter a public servant | Imprisonment up to 5 years, or fine, or both | Cognizable, Non-bailable | Magistrate of the first class |
| 121(2) | Voluntarily causing grievous hurt to deter a public servant | Imprisonment not less than 1 year, up to 10 years, and fine | Cognizable, Non-bailable | Court of Session |
Comparison Table : BNS Section 121 vs IPC Provision
| Point | BNS Section 121 | IPC Provisions |
|---|---|---|
| Scope | Hurt or grievous hurt to deter/retaliate against public servants | IPC Sections 332 & 333 |
| Punishment (hurt) | Up to 5 years + fine | Section 332: Up to 3 years + fine |
| Punishment (grievous hurt) | 1–10 years (minimum 1 year) + fine | Section 333: Up to 10 years + fine |
| Cognizability | Cognizable | Cognizable |
| Bailability | Non-bailable | Non-bailable |
| Modern update | Part of BNS 2023, stricter minimum punishment for grievous hurt | IPC (1860), now repealed |
BNS Section 121 FAQs
What is BNS Section 2121 about?
It deals with causing hurt or grievous hurt to a public servant to deter them from performing their lawful duties.
What is the punishment under Section 121(1)?
The punishment for causing hurt is imprisonment of up to 5 years, a fine, or both.
What is the punishment under Section 121(2)?
The punishment for causing grievous hurt is a minimum of 1 year in prison, which can extend to 10 years, along with a fine.
Is an offense under Section 121 bailable?
No, offenses under this section are non-bailable, making it difficult for the accused to get bail.
Who tries cases under Section 121?
Cases involving hurt are tried by a Magistrate of the first class, while grievous hurt cases are tried by the Court of Session.
Conclusion
Section 121 of the BNS is crucial to safeguard police officers, tax officials, and other government servants who risk their safety while performing lawful duties. By prescribing strict punishments for both hurt and grievous hurt, this law ensures that attacks on public servants are not taken lightly. Compared to IPC, it introduces stricter provisions, especially for grievous hurt, making India’s legal framework stronger and more protective of those who serve the public.
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