Section 121 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 121 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses offenses involving the voluntary infliction of hurt or grievous hurt on public servants in the discharge of their official duties. It also covers acts intended to prevent or deter public servants from performing their duties
๐ Text of Section 121
Section 121: Voluntarily causing hurt or grievous hurt to deter public servant from his duty
Voluntarily causing hurt
Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
Voluntarily causing grievous hurt
Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine.
โ๏ธ Comparison with Indian Penal Code (IPC)
Section 121 of the BNS, 2023, corresponds to Section 332 and Section 333 of the Indian Penal Code (IPC), 1860. While both legal provisions deal with offenses against public servants, the BNS introduces some distinctions:
Punishment Duration: The BNS increases the maximum imprisonment term for causing hurt from three years (under IPC Section 332) to five years.(
Grievous Hurt: The BNS specifies a minimum imprisonment term of one year for causing grievous hurt, whereas the IPC does not mandate a minimum term for such offenses
๐ Key Elements
Public Servant: The offense must involve a public servant performing or attempting to perform their lawful duty.
Voluntary Act: The harm caused must be intentional or with knowledge that harm is likely to result.
Intent or Consequence: The act must be committed with the intent to prevent or deter the public servant from discharging their duty, or as a consequence of the public servant's lawful actions.
Types of Hurt:
Hurt: Causing bodily pain, disease, or infirmity.
Grievous Hurt: Includes injuries such as emasculation, permanent privation of sight or hearing, permanent disfiguration, fracture, or any hurt that endangers life or causes severe bodily pain for an extended period.
๐ Purpose and Protection
The primary aim of Section 121 is to protect public servants from violence or intimidation while performing their official duties. By prescribing specific penalties for causing hurt or grievous hurt, the law seeks to deter individuals from obstructing or harming public servants in the execution of their responsibilities.
๐งพ Illustrative Example
If an individual intentionally assaults a police officer while the officer is attempting to arrest someone, and the officer sustains a fracture (grievous hurt), the assailant could be charged under Section 121(2) of the BNS, 2023, and may face imprisonment for a term not less than one year but which may extend to ten years, along with a fine.
In summary, Section 121 of the BNS, 2023, serves as a legal safeguard for public servants, ensuring that individuals who intentionally cause harm to them in the course of their official duties are held accountable and face appropriate penalties.
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