Section 132 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 132 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of assault or the use of criminal force against a public servant in the execution of their duty. This provision is designed to protect public servants from obstruction, intimidation, or harm while they are performing their lawful duties
📜 Section 132 — Assault or Criminal Force to Deter Public Servant from Discharge of His Duty
Section 132 stipulates that
Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as 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.
⚖️ Comparison with Indian Penal Code (IPC)
Section 132 of the BNS, 2023, corresponds to Section 353 of the Indian Penal Code (IPC), 1860, which similarly penalizes assault or criminal force against a public servant in the execution of their duty. Both provisions aim to ensure that public servants can perform their duties without fear of violence or obstruction.
🧭 Illustrative Example
Scenario: A police officer is conducting a traffic stop when a driver, frustrated with the delay, aggressively pushes the officer aside and drives off.
Application of Section 132:
The driver has used criminal force against a public servant (the police officer) in the execution of their duty.
The act of pushing the officer aside constitutes assault under this section.(
Punishment:
The driver may be punished with imprisonment for a term which may extend to two years, or with fine, or with both.(
Section 132 of the BNS, 2023, underscores the importance of safeguarding public servants from acts of violence or obstruction while they perform their lawful duties, thereby ensuring the smooth functioning of public services and upholding the rule of law
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