BNS Section 121 : Voluntarily Causing Hurt or Grievous Hurt to Deter Public Servant from His Duty

Definition of BNS Section 121

Section 121 of the BNS 2023 States:

Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

(2)Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt by any means referred to in sub–section (1), shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine.

Explanation and Illustration of BNS Section 121

This section ensures the protection of public servants who are performing their official duties. Deterring or obstructing public servants through physical harm undermines law enforcement and governance. Hence, the law imposes stricter punishments to prevent such offenses and safeguard public order.

• Voluntary Causing of Hurt: This provision applies when an individual deliberately inflicts bodily harm on a public servant while they are performing their official duties. The intent may be either to prevent the public servant from carrying out their responsibilities or as retribution for any lawful action taken by the public servant.
  
  The term 'hurt' refers to causing bodily pain, injury, or harm that does not qualify as grievous harm. Offenders may face imprisonment for up to 5 years, a fine, or both as punishment.
• Voluntary Causing of Grievous Hurt: Grievous hurt pertains to more severe injuries, such as permanent disfigurement or injuries that endanger life or cause extreme physical pain (as outlined in Section 114 BNS). When grievous harm is inflicted on a public servant in the course of their official duties, stricter penalties are applied, including a minimum sentence of 1 year and a maximum of 10 years, along with the possibility of a fine.
• Public Servant: A public servant refers to any individual employed by the government or a public body in an official capacity. This provision offers them specific protection while they are performing their lawful duties.
• Intent to Deter or Retaliate: This section addresses actions taken with the intent to obstruct or prevent a public servant from performing their duties or to retaliate against them for actions carried out in their official role.
  This provision plays a crucial role in safeguarding public servants from violence, intimidation, or coercion while fulfilling their official obligations.

• Illustration 1:

  • Person A, a police officer, is performing his duties by managing a crowd during a protest. Person B, a member of the crowd, becomes aggressive and pushes Person A, intentionally causing him bodily harm. Since Person A is a public servant carrying out his duty, Person B has voluntarily caused hurt to a public servant in the discharge of his duty. According to Section 121(1) of the BNS 2023, Person B could face up to 5 years of imprisonment, a fine, or both.

• Illustration 2:

  • Now, suppose during the same protest, Person B severely injures Person A by using a weapon, causing grievous harm. In this case, Person B's actions fall under Section 121(2) because the injury is grievous and was inflicted on a public servant during the performance of his duty. Person B could face life imprisonment or a prison term of 1 to 10 years, along with a fine.

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