Section 224 BNS: Threat of Injury to Public Servant
Section 224 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with threats of injury made to a public servant, or to a person in whom that public servant is believed to be interested, for the purpose of influencing the public servant in the exercise of public functions.
Current law: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It came into force on July 1, 2024, except the specified provision in Section 106(2).
Text of Section 224 of the Bharatiya Nyaya Sanhita, 2023
224. Threat of injury to public servant.
Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 224 BNS at a Glance
| Provision | Section 224, Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Offence | Threat of injury intended to influence a public servant in the exercise of public functions |
| Maximum imprisonment | Two years |
| Fine | Fine may also be imposed; the section does not specify a maximum amount |
| Cognizability | Non-cognizable |
| Bail | Bailable |
| Court | Triable by any Magistrate |
Essential Ingredients of Section 224 BNS
1. There must be a threat of injury
The provision requires a threat of injury. The threat is the conduct used as the means of influencing the public servant.
2. The threat may be directed to the public servant or another person
The threat may be made directly against the public servant. It may also be directed against a person in whom the accused believes that the public servant is interested.
3. The threat must be made for a particular purpose
The threat must be made for the purpose of inducing the public servant to act, to refrain from acting, or to delay acting. A threat unconnected with this statutory purpose does not fall within the wording of Section 224 merely because its target is a public servant.
4. The act, omission or delay must relate to public functions
The conduct sought to be influenced must be connected with the exercise of the public functions of that public servant. This link between the threat and the performance of official functions is central to the offence.
Meaning of Public Servant Under the BNS
The expression public servant is defined in Section 2(28) of the Bharatiya Nyaya Sanhita, 2023. The definition includes the categories of persons specified in that provision who perform judicial, governmental or other public functions.
Punishment Under Section 224 BNS
A person convicted under Section 224 may be punished with imprisonment of either description for a term extending up to two years, or with fine, or with both. Unlike some neighbouring provisions, Section 224 does not state a fixed maximum amount of fine in the text of the section.
Procedural Classification Under the BNSS
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the offence under Section 224 BNS as non-cognizable and bailable. It is triable by any Magistrate.
Practical point: Section 224 is aimed at threats used to influence official decision-making or action. The prosecution must establish the threat, the relevant target, the purpose of inducing action, forbearance or delay, and the connection with the public functions of the public servant.
Section 224 and Related BNS Provisions
Section 224 forms part of Chapter XIII of the BNS dealing with contempts of the lawful authority of public servants. Related provisions include:
- Section 221 - Obstructing public servant in discharge of public functions
- Section 222 - Omission to assist public servant when bound by law to give assistance
- Section 223 - Disobedience to order duly promulgated by public servant
- Section 225 - Threat of injury to induce person to refrain from applying for protection to public servant
- Section 226 - Attempt to commit suicide to compel or restrain exercise of lawful power
Frequently Asked Questions
What is Section 224 BNS?
Section 224 BNS punishes a threat of injury made to influence a public servant to do, refrain from doing, or delay doing an act connected with the exercise of public functions.
What is the maximum punishment under Section 224 BNS?
The maximum imprisonment is two years. The court may also impose a fine, or both imprisonment and fine.
Is Section 224 BNS cognizable?
No. The BNSS First Schedule classifies the offence as non-cognizable.
Is Section 224 BNS bailable?
Yes. It is classified as bailable.
Which court can try an offence under Section 224 BNS?
The offence is triable by any Magistrate.
Can the threat be made against someone other than the public servant?
Yes. The section expressly covers a threat to a person in whom the accused believes the public servant to be interested, provided the statutory purpose of influencing the public servant is established.
Disclaimer: This article provides general legal information. Application of Section 224 depends on the facts, evidence and procedural law applicable to the individual case.