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Introduction of Section 221 BNS

Section 221 BNS deals with situations where someone intentionally obstructs a public servant from performing their duties. This section aims to ensure that public servants can carry out their work without unnecessary interference or delays. If someone prevents a public servant from doing their job, they can be punished under this section.


The Bharatiya Nyaya Sanhita (BNS) Section 221 replaces the old Indian Penal Code (IPC) Section 186.



What is BNS Section 221 ?

BNS Section 221 deals with the offense of obstructing a public servant while they are carrying out their official duties. If anyone deliberately hinders a public servant from performing their lawful public functions, they can be punished with imprisonment or a fine. The section ensures that public servants can perform their roles without unnecessary interference.

Section 221 BNS Penalty for obstructing public servant’s work
BNS 221: Punishment for hindering lawful public functions

BNS 221 in Simple Points

  1. Preventing a Public Servant from Doing Their Job:
    This section is for cases where someone intentionally stops a public servant from carrying out their legal duties. For example, if a police officer is trying to manage traffic, and someone blocks their efforts on purpose, it falls under this section.
  2. Voluntary Action:
    The obstruction must be voluntary, meaning the person did it knowingly and intentionally. This ensures that accidental actions or mistakes do not get punished under this law. It focuses on actions done with the intention to disrupt.
  3. Punishment:
    If someone is guilty of this offense, they can be punished with imprisonment for up to three months, a fine of ₹2,500, or both. The punishment ensures that people understand the seriousness of obstructing public servants in their lawful duties.
  4. Non-Cognizable Offense:
    This means that the police cannot arrest the person without a warrant. The case can only proceed with the court’s permission, ensuring that there is a legal process before any arrest is made.
  5. Bailable and Tried by Any Magistrate:
    The offense is bailable, meaning that the accused person can apply for bail and be released from custody while awaiting trial. It is also triable by any Magistrate, making it accessible to be resolved in lower courts.

Section 221 BNS Overview

BNS Section 221 states that if anyone voluntarily prevents a public servant from discharging their lawful duties, they can be punished. The punishment includes imprisonment for up to three months, a fine up to ₹2,500, or both. The section ensures that public servants can carry out their duties smoothly without any obstruction from individuals.

BNS Section 221: 10 Key Points Explained in Detail

  1. Voluntary Obstruction:
    • The section applies when someone voluntarily or deliberately obstructs a public servant. This means that the act of obstruction is done with intention, not accidentally or without knowledge.
  2. Public Servant’s Function:
    • The obstruction must happen while the public servant is discharging his or her public duties. These duties could include actions like enforcing laws, collecting taxes, serving notices, or any other official task.
  3. Scope of the Section:
    • The scope covers any public servant in any public function. This means that all categories of government officials—whether police officers, municipal workers, or tax officials—are protected under this law.
  4. Punishment for Obstruction:
    • If a person is found guilty of obstructing a public servant, they can face imprisonment for up to three months. This imprisonment can be of either description, which includes simple or rigorous imprisonment.
  5. Fine for Obstruction:
    • The punishment can also include a fine of up to ₹2,500. This fine is a monetary penalty for the offense and can be imposed either in place of or alongside imprisonment, depending on the circumstances.
  6. Combination of Punishment:
    • The court has the discretion to impose both imprisonment and a fine. The severity of the punishment depends on how serious the obstruction was and the nature of the public function that was disrupted.
  7. Non-Cognizable Offense:
    • This offense is non-cognizable, meaning that the police cannot arrest the accused without a warrant. They must seek permission from a magistrate before taking action.
  8. Bailable Offense:
    • The offense is bailable, allowing the accused to apply for bail. The accused can be released from custody while awaiting trial.
  9. Non-Compoundable:
    • The offense is non-compoundable, meaning it cannot be settled between the accused and the public servant. Once a case is filed, it must go through legal proceedings and cannot be resolved outside of court.
  10. Tried by a Magistrate:
    • The offense under this section is triable by any Magistrate. This means that the case can be heard by any magistrate in a lower court, making the legal process more accessible.

Two Examples of BNS Section 221:

  1. Example 1:
    A government official is inspecting illegal construction in a building. One of the building owners, trying to hide the illegal work, locks the gates, preventing the official from entering the premises. By doing this, the owner is obstructing the public servant in the performance of their duties, which is punishable under BNS Section 221.
  2. Example 2:
    During an election, a government officer is distributing voter ID cards. A group of people, dissatisfied with the officer’s work, block the officer’s vehicle, stopping them from reaching the distribution center. This intentional obstruction of a public servant’s duties falls under BNS Section 221, and the group can be punished.

BNS 221 Punishment

  1. Imprisonment:
    • The convicted person may face imprisonment for up to three months. The court may choose either simple or rigorous imprisonment depending on the gravity of the offense.
  2. Fine:
    • A fine of up to ₹2,500 can be imposed. This fine can serve as either an alternative or an addition to imprisonment.

221 BNS punishment includes jail time up to three months or fine.
BNS 221: Imprisonment or fine for obstructing public duties.

BNS 221 bailable or not ?

Bailable: Offenses under this section are bailable, which means the accused has the right to seek bail and be released from custody while the trial is ongoing.


Bharatiya Nyaya Sanhita Section 221

SectionDescriptionImprisonmentFineCognizabilityBailabilityCourt
BNS 221Obstructing a public servant in the discharge of public functionsUp to 3 monthsUp to ₹2,500Non-cognizableBailableAny Magistrate
Bharatiya Nyaya Sanhita Section 221

BNS Section 221 FAQs

What is BNS Section 221 about?

What is the punishment for obstructing a public servant?

The punishment can be up to three months of imprisonment, or a fine of up to ₹2,500, or both, depending on the seriousness of the offense.

Is Section 221 a bailable offense?

What does “non-cognizable” mean in Section 221?

Can someone be both fined and imprisoned under Section 221?

Who tries cases under Section 221?


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