IPC Section 249
IPC Section 249 – Assault or criminal force to deter public servant from duty
Text of Section 249 (simplified in English):
"Whoever, intending to prevent or deter a public servant from performing their duty, voluntarily uses or attempts to use criminal force or offers any kind of assault to that public servant, shall be punished with imprisonment up to 2 years, or fine, or both."
Key Elements of Section 249:
Who is a Public Servant:
A public servant includes police officers, government officials, magistrates, revenue officers, and anyone legally empowered to perform official duties.
Actus Reus (The Act / What is Done):
The accused must use or attempt to use criminal force, or offer any assault.
This includes acts that:
Physically obstruct the public servant, or
Intimidate or threaten them while performing official duties.
Mens Rea (Mental Element / Intention):
The intention must be to prevent or deter the public servant from performing their lawful duty.
It is not necessary that the act actually stops the public servant; the attempt or intention itself is punishable.
Punishment:
Imprisonment: Up to 2 years.
Fine: May also be imposed.
Or both, depending on the court’s discretion.
Illustrations / Examples:
A person threatens a police officer with a stick to stop them from filing a complaint.
→ Punishable under Section 249 IPC.
A person physically pushes a municipal officer to prevent them from sealing an illegal shop.
→ Punishable under Section 249 IPC.
A person argues loudly with a public servant without any attempt to use force.
→ May not fall under Section 249 unless it involves criminal force or assault.
Important Points:
Section 249 focuses on protecting public servants in the discharge of their lawful duties.
Even an attempt to use force to deter a public servant is punishable.
It is different from Section 332 IPC, which deals with voluntarily causing hurt to deter a public servant. Section 249 focuses on assault or criminal force, not necessarily causing hurt.
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