BNS Section 267: Intentional Insult Or Interruption To Public Servant Sitting In Judicial Proceeding

Definition of BNS Section 267

Section 267 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“Whoever, intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, 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 267

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of affronting a public official presiding over a judicial proceeding. Let us break down the section to get a better understanding of it.

Offence

When a person presides over a judicial proceeding, he doesn’t represent himself personally or any particular identity. He represents the preeminence of the law which is the final and ultimate authority in a democracy. So when one addresses a person in that position, he or she must show their allegiance towards the law by conducting themselves with utmost respect and dignity.

This section provides for any act of insult or interruption directed towards a person presiding over a judicial proceeding. However, there is one qualifying condition. The insult or interruption must be intentional. Let us understand what that means-

Intentional insult - When a person, while addressing the chairperson of a judicial proceeding, talks down, speaks in a raised tone, uses words and language or makes gestures that aim to lower the dignity and demonstrate disrespect, it shall be considered an intentional insult.

Intentional interruption - When a person interjects during an address by the chairperson of a judicial proceeding with the intention of disrupting the flow, not letting the other person complete or to speak above what is being addressed, it shall be considered an intentional interruption.

The person performing the other actions need not be a person charged or convicted of a crime. When any person present during a judicial proceeding commits any of the above actions, he or she shall be considered an offender under the provisions of Section 267.

Punishment

Any person who deliberately insults or interrupts a public officer presiding over a judicial proceeding 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.

The above actions may not be an offence under this section if:

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