Section 132 BNS: Assault or criminal force to deter public servant from discharge of his duty

India’s new criminal code—the Bharatiya Nyaya Sanhita (BNS) 2023—aims to make legal provisions clearer and more relevant to present-day needs. Section 132 BNS carries forward the spirit of protecting public officials from interference, violence, or threats while on duty.

The law recognizes that public servants play a key role in upholding law and order. They should be able to function without fear of assault or intimidation. Section 132 of the Bharatiya Nyaya Sanhita (BNS) addresses offenses related to assault or criminal force to deter a public servant from performing their duty. Specifically, it punishes anyone who assaults or uses criminal force against a public servant while they are executing their duty, or with the intent to prevent or deter them from fulfilling their duty, or in consequence of their lawful actions.

The penalty for violating this section is imprisonment for up to two years, a fine, or both. The offense is cognizable and non-bailable. Explore other important Judiciary Notes.

Section 132 BNS:  Assault or criminal force to deter public servant from discharge of his duty

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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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Section 132 BNS defines an offense where anyone assaults or uses criminal force against a public servant during duty, or tries to prevent them from doing their duty, or reacts violently after the official has lawfully acted.Section 132 BNS punishment includes:

• Imprisonment of up to two years
   
• Or fine
   
• Or both

This provision upholds the dignity and safety of public officials—such as police officers, municipal officers, or health inspectors—while they perform tasks on behalf of the government.

BNS Section 132 bailable or not?
It is non-bailable, meaning the accused cannot claim bail as a right. Courts may choose to grant bail based on facts and circumstances.

Is it a cognizable offense?
Yes. It is cognizable, meaning police officers can arrest without a warrant.

Section 132 BNS triable by which court?
This offense is triable by any Magistrate.

In essence, under Section 132 BNS, the law safeguards those who work on the public’s behalf, ensuring they are not hindered by violent resistance or threats.

Section 132 BNS: Essential Elements 

To establish an offense under Section 132 BNS, these essential elements must be present,which are as under :

• Assault or Criminal Force: The accused must have assaulted or applied force unlawfully.
• Target Must Be a Public Servant: The individual affected must be officially recognized as a public servant.
• During Duty: The public servant must be actively performing lawful duties.
• Intentional Action: The action must aim to deter, punish, or interfere with the servant’s duty.

All four criteria must be satisfied to invoke this section. Even threatening gestures or minor scuffles can fall under this provision if they deter a public official from lawful duties.

The nature and scope relating to section 132 of Bharatiya Nyaya Sanhita, 2023 are been explained as under, it includes-

Nature:

• Cognizable Offense: Police can arrest without a warrant.
• Non-Bailable: Bail is not automatic; the court decides.
• Section 132 BNS triable by which court? It is triable by any Magistrate.

Scope:

Section 132 BNS applies to anyone who obstructs or uses force against government employees—across all departments like law enforcement, revenue, healthcare, or education.This includes acts like:

• Pushing a traffic officer while being fined
• Attacking a tax official during a raid
• Preventing a medical officer from enforcing health regulations

Section 132 BNS act thus ensures smooth governance by protecting public officials from interference.

Comparison with IPC Section 353 

Before BNS, similar conduct was covered under Section 353 Indian Penal Code (IPC). The transition to Section 132 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Feature	IPC Section 353	Section 132 BNS
Law Name	Indian Penal Code, 1860	Bharatiya Nyaya Sanhita, 2023
Offense	Assault/criminal force on public servant	Assault/criminal force on public servant
Max Punishment	2 years jail or fine or both	2 years jail or fine or both
Bailable?	Non-Bailable	Non-Bailable
Cognizable?	Yes	Yes
Triable By	Any Magistrate	Any Magistrate
Legal Framework Modernization	Outdated colonial terminology	Updated with constitutional alignment

Though content remains similar, Section 132 BNS 2023 aligns better with constitutional values and contemporary language.

Section 132 BNS: Judicial Interpretation 

Indian courts have consistently interpreted similar provisions (under IPC Section 353) to uphold the integrity of public service. They have stated that any act which obstructs or intimidates a public servant must be treated seriously. The judiciary considers such behavior not only as a violation of law but also a direct attack on the rule of law.For example, pushing a police officer during a lawful arrest or threatening a revenue officer during property sealing is enough to invoke Section 132 BNS.Courts focus on the intent of the accused and the context in which the public servant was performing duties. Even minimal use of criminal force can lead to conviction if the motive was to obstruct governance.Thus, Section 132 BNS punishment is designed to serve as a deterrent and uphold the authority of the state through judicial support.

Section 132 BNS: Landmark Cases

Though Section 132 BNS 2023 is recent, several older IPC judgments reflect its principles:

• Kuldip Singh v. State of Punjab : A police officer was attacked during a drug raid. The High Court emphasized the need to protect state officials and upheld the accused’s conviction under similar IPC provisions.
• State v. Ram Swaroop : A tehsildar was obstructed during land demarcation. The court ruled the accused guilty for using force to stop lawful duty.
• Ramesh vs State of Maharashtra : A municipal inspector was assaulted during demolition. The court imposed imprisonment and fine, stressing the role of municipal officers in public interest.
• Sheela vs State of Tamil Nadu : A health officer was blocked from conducting a dengue inspection. The court acknowledged public health risks and reinforced legal action.
• State vs Ravi Kumar : A tax official faced threats during a raid. The Delhi Court ruled in favor of the prosecution, emphasizing that official functions must be protected by law.

Each of these cases reflects the spirit of Section 132 BNS act and sets a precedent for future enforcement.

Section 132 BNS: Impact 

The impact of Section 132 BNS is significant in ensuring that India's governance machinery functions without disruption . By providing clear punishments it :

• Dissuades citizens from physically resisting officials
• Protects those in public service roles
• Reinforces the authority of lawful governance

In sectors like police, revenue, and health, public officials often face hostility during enforcement. Section 132 BNS punishment acts as a shield, offering them legal backing when they are threatened or attacked.

It also improves public accountability. Citizens are reminded that violence or threats against state representatives will invite serious legal consequences.As a result, under Section 132 BNS, India moves closer to a justice system where law and order are preserved through proactive legal tools.

Conclusion 

Section 132 BNS marks a clear commitment to protecting the integrity of public service in India. It holds accountable those who interfere with governance through threats or violence.Whether you call it Section 132 of the Bharatiya Nyaya Sanhita, Section 132 BNS 2023, or BNS Section 132, its purpose remains the same: protecting those who serve the public.The law does not tolerate attempts to deter government officials from lawful duties. With strict punishment, non-bailable status, and arrest without a warrant, it makes its intent clear.As legal awareness spreads and BNS replaces IPC, it is vital that the public understands the seriousness of such offenses. Legal provisions like section 132 BNS triable by which court and BNS section 132 bailable or not are no longer technicalities—they are vital tools to uphold constitutional order.Ultimately, Section 132 BNS serves as a legal backbone for respectful, uninterrupted public administration in modern India.