Section 132 BNS: Assault or Criminal Force to Deter Public Servant from Discharge of Duty
Section 132 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes assault or use of criminal force against a public servant where the conduct is connected with the lawful discharge of official duty. It covers conduct during execution of duty, conduct intended to prevent or deter the duty, and retaliation for something lawfully done or attempted in the discharge of that duty.
What Section 132 BNS Provides
Section 132 applies where a person assaults or uses criminal force against a public servant while that public servant is executing official duty, with intent to prevent or deter the public servant from discharging official duty, or because of anything lawfully done or attempted by the public servant in the discharge of that duty.
The punishment is imprisonment of either description for a term which may extend to 2 years, or fine, or both.
Essential Ingredients of Section 132
- there must be an assault or use of criminal force;
- the person against whom it is directed must be a public servant;
- the conduct must have the statutory connection with official duty; and
- the case must fall within at least one of the three situations stated in Section 132.
The Three Situations Covered by Section 132
| During execution of duty | Assault or criminal force against a public servant while the public servant is executing official duty. |
|---|---|
| To prevent or deter duty | Assault or criminal force used with intent to prevent or deter the public servant from discharging official duty. |
| Retaliation for lawful duty | Assault or criminal force used in consequence of anything lawfully done or attempted by the public servant in the discharge of official duty. |
Meaning of Assault and Criminal Force
Section 130 BNS defines assault as a gesture or preparation made with the required intention or knowledge that causes a person present to apprehend that criminal force is about to be used.
Section 129 BNS defines criminal force as intentional use of force without consent for committing an offence, or with the specified intention or knowledge concerning injury, fear or annoyance.
Who Is a Public Servant?
Section 2(28) BNS contains the statutory definition of "public servant". It includes several categories of persons exercising public functions, including Judges, specified Court officers, certain Government officers, persons performing specified public duties, and persons serving or paid by Government, local authorities, statutory corporations or Government companies in the circumstances stated in that definition.
Punishment under Section 132 BNS
| Imprisonment | Imprisonment of either description for a term which may extend to 2 years. |
|---|---|
| Fine | The Court may impose fine. |
| Alternative | Imprisonment, fine, or both. |
Related BNS Provisions
- Section 131 - Punishment for assault or criminal force otherwise than on grave provocation
- Section 132 - Assault or criminal force to deter public servant from discharge of duty
- Section 133 - Assault or criminal force with intent to dishonour person
- Section 134 - Assault or criminal force in attempt to commit theft of property carried by a person
- Section 135 - Assault or criminal force in attempt to wrongfully confine a person
- Section 136 - Assault or criminal force on grave provocation
- Section 137 - Kidnapping
- Section 138 - Abduction
- Section 139 - Kidnapping or maiming a child for purposes of begging
- Section 140 - Kidnapping or abducting in order to murder or for ransom, etc.
Official Legal Sources
This page provides general legal information. The application of Section 132 depends on the facts, evidence, the nature of the public duty involved, procedural law and judicial interpretation relevant to the particular case.