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Bharatiya Nyaya Sanhita, 2023 Chapter VI · Of Offences Affecting the Human Body — Of Criminal Force and Assault
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Bharatiya Nyaya Sanhita, 2023 — Section 132

Assault or Criminal Force to Deter Public Servant From Discharge of Duty

Section 132 punishes assaulting or using criminal force against a public servant acting in the execution of duty, or to prevent or deter them from discharging that duty, or in consequence of duty already discharged, with imprisonment up to two years, or fine, or both.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 132 to old IPC Section 353, and cross-checked directly against the bare text of both Acts.

BNS sectionIPC, 1860 equivalentCategory
132353Exact

Comparing the two texts word for word, Section 132 is reproduced without any change from old IPC Section 353, including the offence description and the punishment of imprisonment up to two years, or fine, or both.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for 2 years, or fine, or both (the statute itself: imprisonment of either description up to two years, or fine, or both) — cognizable, non-bailable, and triable by any Magistrate.

Statutory Text (Verbatim)

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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Assault or criminal force targeting a public servant's duty

Explanation (Lexovia's Commentary)

This section raises the punishment for assault or criminal force well above the general Section 131 level, specifically because the target is a public servant connected to their official duty. Three situations are covered: assault or force used while the public servant is actually executing their duty; assault or force intended to prevent or deter them from discharging that duty (typically before the act); and assault or force used afterward, in consequence of something the public servant did or attempted to do in the lawful discharge of their duty (typically retaliatory).

Illustration (Lexovia's Own Example)
A municipal inspector seals an illegal shop extension. Two days later, the shop owner, angered by the sealing, shoves the inspector when they meet on the street. This is assault in consequence of something lawfully done by the inspector in the discharge of duty, punishable under Section 132.
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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

These judgment(s) relate to Section 132 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.

Mahendra Kumar Sonker v. The State of Madhya Pradesh, [2024] 8 S.C.R. 935 : 2024 INSC 600 (Supreme Court of India, Criminal Appeal No. 520/2012, decided 12 August 2024, B.R. Gavai, K.V. Viswanathan and N. Kotiswar Singh, JJ.)

Para No. 28
“Having considered the oral evidence and the medical evidence, we are constrained to conclude that the prosecution has not established that the appellant has assaulted or used criminal force against the trap party. In fact, what transpires is that when the appellant was apprehended there appears to have been an attempt by the appellant to wriggle out and jostling and pushing appears to have happened, in the process of the appellant trying to extricate himself from the arrest. None of the ingredients of assault or criminal force have been attracted.”
What This Judgment Means (Lexovia's Commentary)

A Patwari accused of demanding a bribe was caught in a police trap; when officials moved to apprehend him, there was jostling and pushing as he tried to pull free and escape their grip. He was convicted under old IPC Section 353 (assault or criminal force to a public servant discharging duty) for this scuffle. The Supreme Court set the conviction aside under this specific charge, holding that mere jostling and pushing while trying to wriggle out of an arrest, without any further proof of intent to assault or use force against the officials as such, does not satisfy the ingredients of the offence — there must be an actual assault or use of criminal force connected to the public servant's duty, not just incidental physical contact from a person trying to get away.

Currency check: decided 12 August 2024; no overruling or contrary larger-bench ruling found as of the date this page was last reviewed.

Source: copy of the judgment obtained from the Supreme Court of India's official website (Supreme Court Reports portal).

Hazari Lal v. State of Bihar, [1963] Supp. 1 S.C.R. 419 (Supreme Court of India, Jafer Imam, N. Rajagopala Ayyangar and J.R. Mudholkar, JJ., decided 1962)

Quoted Passage (Verbatim — pp. 423–424, Court's own judgment)
“By snatching away the books which Mr. Singh was holding the appellant necessarily caused a jerk to the hand or hands of Mr. Singh in which he was holding the books. His act, therefore, may be said to have caused motion to Mr. Singh’s hand or hands. … We have, therefore, no doubt that the action of the appellant amounts to use of force as contemplated by s. 349, I.P.C. … We cannot accept Mr. Sarjoo Prasad’s contention that the appellant did not cause annoyance to Mr. Singh by snatching away the books from his hands nor do we accept his contention that the action of the appellant does not amount to an offence.”
What This Judgment Means (Lexovia's Commentary)

A sales-tax officer paid a surprise inspection visit to a shopkeeper's premises and began examining two sets of account books. The shopkeeper snatched the books back out of the officer's hands, and when the officer's peon tried to recover them, the shopkeeper resisted that too. He was convicted under old IPC Section 353. The Supreme Court upheld the conviction, holding that physically snatching the books — and the jerk to the officer's hands this necessarily caused — was itself a use of "force" within the ordinary meaning used by this section, and that force used against a public servant lawfully carrying out an inspection, done to stop them from doing so, is exactly what this offence is meant to punish.

Currency check: decided 1962; no overruling found as of the date this page was last reviewed, though re-check given the age of this authority.

Source: copy of the judgment obtained from the Supreme Court of India's official website (Supreme Court Reports portal).

Related / Cross-Referenced Sections

FAQs

Does the public servant have to be in uniform for this section to apply?

No. What matters is that the person is a public servant acting in, about to be deterred from, or acted upon in consequence of, the execution of their official duty — not whether they wear a uniform.

Does this section apply if the assault happens well after the public servant's duty was performed?

The section covers assault "in consequence of" something done or attempted in the lawful discharge of duty, without a fixed time limit, though the causal connection to the duty performed still has to be shown.

Is this offence bailable?

Per the Quick Reference above, no — it is cognizable and non-bailable, triable by any Magistrate.

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