BNS Section 226: Attempted Suicide To Influence Authority

Section 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 226 specifically deals with attempting suicide to disrupt public duty. Let us take a closer look at its provisions.

Definition of BNS Section 226

Section 226 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both, or with community service.”

Explanation and Illustration of BNS Section 226

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of attempting suicide to obstruct public duty. Let us break down the section to understand it better.

The section states that, if a person attempts suicide with the sole intention of stopping the performance of a public duty then he or she shall be prosecuted under the provisions of this section. There are two key conditions for such an act to qualify as an offence under the provisions of this section.

The attempt at suicide should be solely with the intent of compeling or restraining an officer from performing their public duty. For instance, if a person is paid or induced by someone to make threats of suicide or to attempt suicide so as to prevent the public servant from performing an action, then it shall be an offence under this section. However, if the action being performed by the officer is of such great distress to a person that they attempt suicide out of shame of humiliation, then if may not fall under the provisions of this section. For instance a man of repute is arrested publicly and he or she attempts suicide prior to being taken into custody, it is not done abjectly with the intention of preventing the officer from making the arrest but rather out of shame.

The action of the public servant which the attempted suicide intends to disrupt or restrain must be in the course of the public servant’s official duty. If the action of the public servant that is intended for disruption is outside the scope of his or her duty, it does not fall under the provisions of this section. For instance, if the wife of a public servant threatens to commit suicide because the public servant intends to divorce her, it does not fall under the provisions of this section.

If both these conditions are met, i.e., attempting suicide to stop a public servant from performing their duty, then it shall be punishable with simple imprisonment for a term which may extend to one year, or with fine, or with both, or with community service.

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 226

This section deals with: Attempting suicide to restrain exercise of law.

Description of offence:

Any person who threatens to commit suicide in order to restrain the exercise of lawful authority or compel lawful authority into acceding to undue demands shall be considered an offender under this section.

Punishment for offence:

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

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 226 of BNS and its Equivalent IPC Section

The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 226 is a new section and has no equivalent under the IPC.

BNS Sections/Subsections	Subject	IPC Sections	Summary of Comparison
226	Attempt to commit suicide to compel or restrain from applying or restrain of lawful power.	-	This provision did not exist in the IPC. It is new and unique to the BNS.

Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.

FAQs about Section 226 of the Bharatiya Nyaya Sanhita (BNS)

What are the penalties under Section 226?

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

How does Section 226 differ from general laws addressing suicide attempts?

Section 226 deals specifically only with those attempts at suicide which are done with the intent of obstructing a public servant from discharging his duty. While general laws regarding attempted suicide are focused on preservation of the life, Section 226 has its focus on performance of public duty.

Can public servants file complaints under Section 226?

Yes. Any public servant who has been threatened with suicide must report to the police immediately if such threat has been made to obstruct the official from discharging public duty.

What happens if the attempt results in injury but not death?

The consequence of the action is irrelevant to the offence. The offence under section 226 is centered around obstructing a public servant from discharging the duty. And the moment someone threatens to commit suicide with such intent, he or she is an offender under Section 226.

How does Section 226 discourage misuse of emotional appeals in legal matters?

Section 226 discourages misuse of emotional appeals in legal matters by penalizing any person who attempts to do so with the intent of obstructing discharge of public duty by a public official.

Can minors attempting suicide to manipulate public servants be penalized?

No. Minors are exempt from the provisions of the BNS. Only in the rarest of rarest cases will a judge allow a minor to be penalised as per the provisions of the BNS.