Introduction of Section 121 BNS
BNS Section 121 deals with the offense of voluntarily causing hurt or grievous hurt to a public servant to prevent them from performing their duties or as a consequence of them performing their duties. This section ensures that public servants can perform their roles without fear of physical harm or intimidation.
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 ?
- BNS 121(1) in Simple Points
- Section 121 BNS Overview
- BNS 121 Punishment
- BNS 121 bailable or not ?
- Bharatiya Nyaya Sanhita Section 121
- BNS Section 121 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 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.
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 |
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.
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