BNS Section 132 : Assault or Criminal Force to Deter Public Servant From Discharge of His Duty
Section 132 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It prescribes the punishment for assault or the use of criminal force to deter a public servant from discharging their lawful duties.
Definition of Section 132 (BNS)
Section 132 of BNS 2023 States:
Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such 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 two years, or with fine, or with both.
Explanation and Illustration of BNS Section 132
Section 132 of the Bharatiya Nyaya Sanhita (BNS), 2023, is relating to voluntarily causing grievous hurt to deter a public servant from duty. It has a provision for punishment for whoever causes such grievous hurt to a public servant with the intent to prevent or intimidate him from performing his lawful duty. This section is aimed at protecting public servants from violent resistance while performing their duties and holds the individual accountable who uses force to impede official work.
Illustration
Person A is being investigated by a police officer (Person B) for a crime. To stop Person B from proceeding with the investigation, Person A attacks Person B, breaking their arm. By intentionally causing grievous hurt to deter Person B from performing their duty, Person A becomes liable under Section 132 of the BNS, 2023.
Key Points in Section 132
Differences Between Section 132 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 132 of BNS and its equivalent IPC section 353 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 |
|---|---|---|---|
| 132 | Assault or criminal force to deter public servant from discharge of his duty. | 353. | No change |
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FAQs about Section 132 of the Bharatiya Nyaya Sanhita (BNS)
Who qualifies as a public servant under Section 132?
A public servant is any individual working for the government or its agencies, including police officers, government officials, or law enforcement personnel, tasked with carrying out public service duties.
What constitutes an offense under Section 132?
The offense includes using assault or criminal force to prevent or obstruct a public servant from executing lawful duties, or retaliation against actions they took while discharging official responsibilities.
What is the punishment for violating Section 132?
Violators may face imprisonment of up to two years, a monetary fine, or both. The punishment aims to deter acts that interfere with public servants’ lawful duties.
Does intent matter under Section 132?
Yes, intent is crucial. The offense applies to acts deliberately aimed at deterring or obstructing public servants from performing their lawful duties. Accidental acts without intent may not qualify under this section.
Are all actions against public servants punishable?
No, only acts involving assault or criminal force aimed at deterring public servants from lawful duties or retaliating against their lawful actions are punishable under this section.
What is the role of evidence in Section 132 cases?
Evidence is critical in proving the intent and nature of the act. Witness testimony, video recordings, or other documentation may be required to establish guilt.
Can self-defense be a valid defense under Section 132?
Yes, self-defense can be a valid defense if the accused acted to protect themselves from unlawful harm rather than obstructing the public servant’s lawful duties.
