The Bhartiya Nyay Sanhita (BNS) 2023 is India’s latest criminal law framework, replacing the Indian Penal Code (IPC) of 1860. One of its key provisions, Section 132, deals with assault or criminal force to deter public servant from duty. This law ensures that public officials can work without fear of violence or obstruction.
In this article, we will explore Section 132, its meaning, case laws, and legal implications in simple and engaging language.
What Does Section 132 of BNS 2023 Say?
Section 132 states:
“Whoever assaults or uses criminal force to any public servant in the execution of his duty, or with intent to prevent or deter him from discharging his duty, or in consequence of any act done by such public servant in lawful discharge of his duty, shall be punished with imprisonment of up to two years, or with a fine, or both.”
Explanation
- If a person assaults a public servant while performing duty, it is a criminal act.
- If someone uses force to prevent a public servant from carrying out their work, it is punishable.
- The law also applies if someone attacks a public servant because of an official action taken in the past.
Purpose of This Section
The primary goal of this law is to protect public servants so they can perform their duties without fear of violence, intimidation, or unlawful resistance.
Case Laws on ‘Assault or Criminal Force to Deter Public Servant’
1. State of Maharashtra v. Suresh Pandurang Darvhekar (2006)
In this case, the accused assaulted a police officer during a lawful arrest. The court upheld his conviction under Section 353 of IPC, now incorporated in Section 132 of BNS.
2. Raj Kumar v. State of Haryana (2014)
The accused tried to stop a municipal officer from demolishing an illegal structure. The court ruled that interfering with a public servant’s duty constitutes an offense.
3. K.J. George v. State of Karnataka (2017)
The Karnataka High Court ruled that verbal abuse alone is not sufficient under this section. There must be physical assault or use of force.
Key Elements of Section 132
- Physical force or assault is necessary – Mere verbal threats do not apply.
- Knowledge of the victim’s status as a public servant is essential.
- The action must be intentional and unlawful.
- The public servant must be on duty or acting lawfully.
Punishment Under Section 132 Assault or Criminal Force to Deter Public Servant
A person convicted under Section 132 can face:
- Imprisonment up to two years
- Fine (amount depends on the case)
- Both imprisonment and fine
Defenses Against Section 132 Charges
- Self-defense: If force was used to protect oneself from an unlawful act.
- Mistaken identity: If the accused did not know the person was a public servant.
- Lack of intent: If there was no intention to prevent duty performance.
- Unlawful act by the public servant: If the official was acting illegally.
Short Note on ‘Assault or Criminal Force to Deter Public Servant’
Section 132 of BNS 2023 punishes those who use force or assault public servants to stop them from performing their duty. It ensures the safety of government officials and allows them to work without interference. Courts have upheld this provision, and punishment can include imprisonment, fines, or both.
Disclaimer
This article is for informational purposes only. It does not provide legal advice. For specific legal concerns, consult a qualified lawyer.
Section 132 of Bhartiya Nyay Sanhita 2023 is a crucial law protecting public servants. It ensures that officials can perform their duties without fear of violence or obstruction. Courts have consistently upheld this provision to maintain law and order. Understanding this law is important for both citizens and government officials.
For any legal issues, always seek professional legal assistance.
