BNS Section 225: Threatening to Prevent Seeking Protection

Section 225 falls under Chapter 13 of the Bharatiya Nyaya Sanhita (BNS). Chapter 13 covers offences of contempt of the lawful authority of public servants. Each section under this chapter deals with different offences related to disobeying the authority exercised by a public servant in performance of his or her duty. Section 225 specifically deals with making threats against seeking protection from public servant. Let us take a closer look at its provisions.

Definition of BNS Section 225

Section 225 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.”

Explanation and Illustration of BNS Section 225

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of making threats against an application for protection from a public servant.

There are marked instances within the legal framework that entitle a person to seek protection from the government authorities, especially when they are likely to be targets of bodily or deadly harm. For instance a person receives a threat to their life and the police, on investigation, find the threat to be conducive. It can also be applied to cases of domestic violence.

This section does not deal with threats of injury as such. But if a person who believes that they need such protection is threatened with the intent of stopping them from applying for protection from the authorities, then such an act is punishable under the provisions of this section. Such an act of threatening must meet two conditions to qualify as an offence under Section 225:

The threat has to be made with the intent of causing the person to defer seeking protection. In other words, if a threat is made but towards some other end without taking cognizance of the fact that the person may seek protection from the authorities, then such a threat may not be prosecutable under the provisions of this section. However, there are other sections under the BNS that provide for such threats and the person shall be punishable under those respective sections.

The threat has to be made against seeking protection from a public servant who is legally authorised to offer such protection, such as a police officer, or see to it that such protection is made available, such as a judge. If the threat is against seeking protection from someone who is not a public servant, or a public servant who doesn’t have the authority to offer such protection, then such a threat cannot be prosecuted under the provisions of this section. However, there are other sections under the BNS that provide for such threats and the person shall be punishable under those respective sections.

If the above two conditions are met, then the act of making such a threat shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points in BNS Section 225

This section deals with: Threatening a person against seeking protection from the law.

Description of offence:

Any person who issues threat of injury to any person against seeking protection from a public servant shall be considered an offender under this section.

Punishment for offence:

Any person found guilty under this section shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Exceptions to offence:

The offender has been coerced into committing the offence

The person is a minor or not of sane mind

Differences Between Section 225 of BNS and its Equivalent IPC Section

The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 225 of BNS replaces IPC Section 190. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.

BNS Sections/Subsections	Subject	IPC Sections	Summary of Comparison
225	Threat of injury to induce person to refrain from applying for protection.	190	No change in provision for offence

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FAQs about Section 225 of the Bharatiya Nyaya Sanhita (BNS)

What are the penalties for this offense?

Any person who issues threat of injury to any person against seeking protection from a public servant shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Can cases under BNS Section 225 be settled outside court?

No. Only civil matters can be settled out of court. Criminal offences do not have this provision.

What types of protection requests are covered under Section 225?

Any person seeking any kind of protection from any public officer is protected under this section. If any threats are made against seeking such protection, it shall constitute an offence.

How can a person prove they were threatened under Section 225?

A person has to produce some kind of evidence in the form of a recording or a witness or any other form.

What steps should I take if someone threatens me to stop me from contacting authorities?

Any person who has been threatened against seeking protection from authorities must report the matter to the nearest police station as soon as the threat is made.

Can Section 225 cover threats involving social media harassment?

No. Section 225 only covers threats against seeking protection from public servant. The act of making threats are covered under other sections of the BNS.

What role does technology play in documenting threats under Section 225?

Technology can play a huge role in documenting threats and providing evidence to ensure swift prosecution of the perpetrator.