Assault or criminal force to deter public servant from discharge of his duty
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Summary
Assaulting or using criminal force against a public servant while they are performing official duties, or to prevent or punish them for performing duty, is an offence. It covers attacks during the act, attacks intended to deter the public servant, or attacks because of something lawfully done by the servant. Punishment: up to two years imprisonment, or fine, or both. The offence is cognizable, non-bailable and triable by any magistrate.
Example
Ravi gets angry when a traffic constable stops him for a violation and shoves the constable to avoid a ticket. Because Ravi used criminal force to deter a public servant from performing duty, he can be prosecuted and face up to two years in prison, a fine, or both.
Bare Act
Enacted textWhoever 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.
BNSS Classification
- Imprisonment for 2 years, or fine, or both.
- Cognizable
- Non-bailable
- Triable by Any Magistrate.
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