Bharatiya Nyaya Sanhita, 2023
Section 267 BNS: Intentional Insult or Interruption to Public Servant Sitting in Judicial Proceeding
Section 267 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who intentionally offers an insult to, or causes an interruption to, a public servant while that public servant is sitting at any stage of a judicial proceeding. The provision protects the orderly conduct and authority of judicial proceedings.
Text of Section 267 BNS
267. Intentional insult or interruption to public servant sitting in judicial proceeding. Whoever, intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
Meaning and Scope of Section 267
Section 267 applies to conduct directed at a public servant while that public servant is sitting at any stage of a judicial proceeding. The section covers two forms of conduct: intentionally offering an insult, and causing an interruption.
The statutory setting is important. The insult or interruption must occur while the public servant is sitting in a judicial proceeding. Conduct occurring outside that setting does not automatically fall within Section 267 merely because the person concerned is a public servant.
The word "intentionally" is expressly used in relation to offering an insult. In deciding whether Section 267 is attracted, the nature of the words or conduct, the surrounding circumstances, and the stage of the judicial proceeding may therefore be relevant.
Essential Ingredients of Section 267 BNS
The principal statutory ingredients are:
- there must be a public servant;
- the public servant must be sitting in a judicial proceeding;
- the conduct must occur at some stage of that judicial proceeding; and
- the accused must intentionally offer an insult to the public servant or cause an interruption to the public servant.
The prosecution must establish the facts necessary to connect the alleged insult or interruption with the judicial proceeding itself.
Judicial Proceeding and Public Servant
Section 267 uses the expressions "public servant" and "judicial proceeding". Their legal meaning must be understood in the context of the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the nature of the proceeding in which the alleged conduct occurred.
The phrase "any stage of a judicial proceeding" makes the provision capable of applying throughout the proceeding, rather than only at a final hearing or at the stage of judgment.
Punishment, Cognizability, Bail and Trial Court
| Particular | Position under current law |
|---|---|
| Maximum imprisonment | Simple imprisonment up to 6 months |
| Maximum fine | Rs. 5,000 |
| Cognizable / non-cognizable | Non-cognizable |
| Bailable / non-bailable | Bailable |
| Court competent to try | The Court in which the offence is committed, subject to BNSS Chapter XXVIII; if not committed in a Court, any Magistrate |
BNSS Procedure for an Offence Committed in the Presence of the Court
Chapter XXVIII of the Bharatiya Nagarik Suraksha Sanhita, 2023 contains special provisions dealing with certain offences affecting the administration of justice.
Where an offence covered by the relevant BNSS provision is committed in the view or presence of a Court, the Court may follow the summary procedure prescribed by the BNSS. The record for an offence under Section 267 BNS must show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, as well as the nature of the interruption or insult.
Where the Court considers that the matter should not be dealt with summarily under that procedure, the BNSS permits the case to be forwarded to a Magistrate having jurisdiction, subject to the statutory requirements.
Section 267 BNS and the Earlier IPC Provision
Section 267 BNS substantially corresponds to Section 228 of the Indian Penal Code, 1860, which dealt with intentional insult or interruption to a public servant sitting in a judicial proceeding. For conduct governed by the Bharatiya Nyaya Sanhita after its commencement, Section 267 BNS is the current statutory reference.
Official Legal Resources
For the authoritative statutory text, current procedural classification and procedure governing offences affecting administration of justice, use the official Government of India resources in the right sidebar.
Last reviewed: 9 September 2026.