BNS Section 121 : Voluntarily Causing Hurt or Grievous Hurt to Deter Public Servant from His Duty
Section 121 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It criminalises the act of voluntarily causing hurt or grievous hurt to deter a public servant from performing their 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.
Key Points in Section 121
BNS Section 121 specifically targets individuals who intentionally inflict harm on public servants in an attempt to obstruct their lawful duties, such as law enforcement or government officials. Here is a detailed explanation of the same:
- Voluntary Action: The act of causing hurt or grievous hurt must be done intentionally or with the knowledge that such harm will likely occur.
- Target: The victim must be a public servant (e.g., police officers, government officials) performing or attempting to perform their lawful duties.
- Purpose of the Offense: The injury is inflicted with the specific intent to:
- Prevent the public servant from performing their duty
- Dissuade or intimidate them from continuing their official tasks.
- Types of Injury:
- Hurt: Causing bodily pain or minor injury.
- Grievous Hurt: Inflicting serious injury such as fractures, disfigurement, or long-term impairment.
- Punishment:
- For causing hurt: Imprisonment up to 7 years, and a fine.
- For causing grievous hurt: Imprisonment up to 10 years, and a fine.
Differences Between Section 121 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 121 of BNS and its equivalent IPC section 332 ,333 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 121 (1) | Voluntarily causing hurt to deter public servant from his duty | 332 | IPC section is included as a subsection in BNS. Imprisonment is increased from three to five years |
| 121 (2) | Voluntarily causing grievous hurt to deter a public servant from his duty. | 333 | IPC section is included as a sub-section in BNS sans heading. Mandatory minimum imprisonment of one year is added. |
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FAQs about Section 121 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 121 of the Bharatiya Nyaya Sanhita (BNS)?
Section 121 of the BNS 2023 defines the offense of voluntarily causing harm (hurt or grievous hurt) to a public servant while they are performing their official duties. It also covers actions intended to prevent or deter a public servant from carrying out their duties.
Does Section 121 apply to domestic insurgencies?
Yes, Section 121 can apply to domestic insurgencies. If individuals or groups cause harm to public servants during a domestic insurgency or conflict while they are performing their official duties, they can be prosecuted under Section 121.
Can foreigners be prosecuted under Section 121 of the BNS?
Yes, foreigners can be prosecuted under Section 121 of the BNS. The law applies to anyone who commits the offense of causing harm to public servants in India, regardless of nationality.
What is the role of intent in Section 121 offenses?
Intent plays a crucial role in Section 121 offenses. The law specifies that the offense can occur if a person voluntarily causes harm to a public servant with the intent to prevent or deter them from carrying out their duties.
Can an individual be prosecuted under Section 121 if the harm caused to a public servant was accidental?
No, an individual cannot be prosecuted under Section 121 if the harm to a public servant was accidental. The section specifically requires that the harm be voluntary, meaning the person must have intentionally caused the injury or acted with the knowledge that it would likely cause harm. Accidental harm would not meet the criteria of this section.
How does Section 121 differentiate between 'hurt' and 'grievous hurt'?
Section 121 distinguishes between hurt (which refers to physical injury or pain) and grievous hurt (which refers to more severe injuries that have long-term consequences, such as permanent disability, loss of vision or hearing, or disfigurement). The punishment for grievous hurt is more severe, with a penalty of life imprisonment or a prison term between 1 and 10 years, along with a fine, while the punishment for regular hurt may extend to 5 years of imprisonment or a fine, or both.
Does Section 121 apply if a public servant is harmed during a non-official or personal duty?
No, Section 121 applies only when a public servant is harmed while performing their official duties. If the harm occurs while a public servant is carrying out a non-official or personal task, Section 121 would not apply, as the offense specifically involves the discharge of official duties.
