BNS Section 222: Omission To Assist Public Servant When Bound By Law To Give Assistance

Definition of BNS Section 222

Section 222 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance,––

(a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two thousand and five hundred rupees, or with both;

(b) and where such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court or of preventing the commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.”

Explanation and Illustration of BNS Section 222

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of failure to assist a public servant.

It specifically deals with persons who are bound by law to render or furnish assistance. A person becomes bound by law to render assistance when he or she possesses the skill or knowledge or finds themselves in a circumstantially unique position to help a public servant.

For instance, if a certain person who is wanted by the authorities is on the run, then the following persons become legally bound to help the authorities if:

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