Section 238 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

08 Jun 2025 --
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Section 238 – Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

1. Textual Meaning (Simplified)

Section 238 of the BNSS, 2023 deals with “Assault or Threat Against Public Servants Performing Duties.”

In simple terms:

Any person who threatens, obstructs, assaults, or uses force against a public servant while the public servant is performing official duties in good faith shall be punishable under this section.

Key points:

Applies to public servants, including police officers, municipal officials, government inspectors, and other officials acting under law.

Focuses on acts done while the official is performing lawful duties.

Protection is provided to ensure that public servants can perform their duties without fear of violence or intimidation.

2. Objectives of Section 238

To safeguard public servants against assault, threats, or obstruction while performing official duties.

To maintain law and order, ensuring smooth functioning of government services.

To deter citizens from taking the law into their own hands when officials act lawfully.

To promote public confidence in government institutions.

3. Key Elements of Section 238

For someone to be held liable under Section 238, the following conditions must be satisfied:

(a) The Act Must Be Against a Public Servant

The target of the act must be a public servant as defined under BNSS or other laws.

Examples: Police officer, traffic inspector, municipal health officer, election official, etc.

(b) The Public Servant Must Be Performing Official Duties

The public servant must be acting within the scope of their lawful duties.

Section 238 does not apply if the public servant is acting outside official capacity.

(c) The Act Must Involve Assault, Threat, or Obstruction

Assault: Physical harm or attempt to cause harm.

Threat: Verbal or written threat to harm the official.

Obstruction: Preventing or hindering the official from performing duties.

(d) Intention or Knowledge

The perpetrator must know or intend that their action will affect the public servant.

Even reckless or negligent acts that obstruct official duties may be punishable.

4. Punishment under Section 238

Imprisonment: Up to 3 years, depending on severity.

Fine: Monetary penalty may also be imposed.

Enhanced Punishment: If the act causes serious injury to the public servant, the punishment may be more severe.

5. Illustrations for Better Understanding

Illustration 1 – Physical Assault

A person attacks a police officer while the officer is enforcing traffic regulations.

Punishable under Section 238 because the officer was performing lawful duties and was assaulted.

Illustration 2 – Threats

A citizen threatens a municipal inspector verbally to avoid a legal inspection.

Punishable under Section 238 as the threat obstructed lawful duty.

Illustration 3 – Obstruction Without Violence

A group blocks a government health worker from inspecting a restaurant for health violations.

Punishable under Section 238 even though no physical assault occurred, because the official’s duty was obstructed.

Illustration 4 – Acting Outside Official Capacity

A public servant is off duty and assaulted in a private matter unrelated to official work.

Section 238 does not apply, because the official was not performing duties at that time.

6. Key Principles

Protection of Officials: Public servants must be able to perform duties without fear of harm.

Good Faith Performance: The protection applies when the official is acting lawfully and in good faith.

Broad Coverage: Threats, obstruction, or actual assault are all punishable.

Intent Not Always Necessary: Even reckless acts that obstruct or endanger officials may attract liability.

7. Relation to Other Sections

Section 238 complements general assault laws, such as Sections 332 and 333 of the previous IPC framework, but is specific to public servants performing duties.

Works alongside BNSS Sections on obstruction of law enforcement, unlawful assembly, and public safety.

8. Importance

Reinforces rule of law by criminalizing interference with officials.

Ensures citizens understand that disobedience or violence against lawful authority is a crime.

Protects government functioning and public service delivery.

Summary Table – Section 238 BNSS

Feature	Section 238 BNSS
Target	Public servants performing official duties
Acts Covered	Assault, threat, obstruction, use of force
Requirement	Act done while official acts lawfully and in good faith
Punishment	Up to 3 years imprisonment, fine, or both
Key Principle	Protects officials and ensures smooth performance of duties
Exceptions	Official acting outside duty or unlawful conduct