Section 225 BNS: Threat of Injury to Induce Person to Refrain from Applying for Protection to Public Servant
Section 225 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with threats of injury used to deter a person from making a lawful application for protection against injury to a public servant who is legally empowered to provide, or cause to be provided, such protection.
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 225 of the Bharatiya Nyaya Sanhita, 2023
225. Threat of injury to induce person to refrain from applying for protection to public servant.
Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Section 225 BNS at a Glance
| Provision | Section 225, Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Core offence | Threatening a person in order to deter that person from making a lawful application for protection to a legally empowered public servant |
| Maximum imprisonment | One year |
| Fine | Fine may be imposed; the section does not specify a maximum amount |
| Alternative punishment | Imprisonment, fine, or both |
Essential Ingredients of Section 225 BNS
1. There must be a threat of injury
The starting point of the offence is a threat of injury made to a person. The section is directed at the use of such a threat as a means of preventing access to lawful protection.
2. The threat must be intended to make the person refrain or desist
The threat must be made for the purpose of inducing the person to refrain or desist from making the application. The purpose behind the threat is therefore an express ingredient of Section 225.
3. The proposed application must be a legal application for protection
The application contemplated by the section must be a lawful application seeking protection against injury. Section 225 is therefore linked to a person's legal ability to seek protective assistance from public authority.
4. The application must be to a legally empowered public servant
The public servant approached for protection must be legally empowered to give the protection or to cause the protection to be given. The legal authority of the public servant is an important statutory requirement.
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 covers the categories of persons specified in that provision who perform judicial, governmental or other public functions.
Punishment Under Section 225 BNS
A person convicted under Section 225 may be punished with imprisonment of either description for a term extending up to one year, or with fine, or with both. The section itself does not prescribe a fixed maximum amount of fine.
Purpose of Section 225 BNS
The provision protects access to lawful public protection from intimidation. Its focus is not merely the existence of a threat, but the use of that threat to discourage a person from seeking protection from a public servant who has legal authority to provide it.
Practical point: Section 225 requires proof of the threat, the purpose of deterring a lawful application for protection, and the legal authority of the public servant from whom protection was to be sought. A threat unrelated to such an application does not fall within Section 225 merely because a public servant is mentioned.
Section 225 and Related BNS Provisions
Section 225 appears in Chapter XIII of the BNS, which deals 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 224 - Threat of injury to public servant
- Section 226 - Attempt to commit suicide to compel or restrain exercise of lawful power
Frequently Asked Questions
What is Section 225 BNS?
Section 225 BNS punishes a threat of injury made for the purpose of stopping a person from making a lawful application for protection against injury to a public servant legally empowered to provide or arrange that protection.
What is the maximum punishment under Section 225 BNS?
The maximum imprisonment is one year. The court may impose imprisonment, fine, or both.
Does Section 225 apply to every threat?
No. The threat must be made for the specific purpose stated in the section: inducing the person to refrain or desist from making a legal application for protection.
Must the public servant have legal power to provide protection?
Yes. The statutory wording requires the public servant to be legally empowered to give the protection or to cause such protection to be given.
When did the BNS come into force?
The Bharatiya Nyaya Sanhita, 2023 came into force on July 1, 2024, except the specified provision in Section 106(2).
Disclaimer: This article provides general legal information. Application of Section 225 depends on the facts, evidence and procedural law applicable to the individual case.