Section 132 of BNS 2023: Penalties for Assaulting Public Servants
Overview
Section 132 of BNS 2023 addresses the offense of assault or the use of criminal force against public servants. This section outlines the penalties for such acts, especially when they are committed to deter or prevent a public servant from performing their duties or in retaliation for actions taken during the lawful execution of their duties.
Punishment
Under Section 132, the punishment for assaulting or using criminal force against a public servant includes:
- Imprisonment for up to two years
- Fine
- Both imprisonment and fine
Key Elements
- Assault or Criminal Force: The act involves assault or the use of criminal force.
- Public Servant: The victim must be a public servant.
- During Duty: The act must occur while the public servant is executing their duty or in consequence of actions taken during their lawful duties.
- Intent: The offense can also occur with the intent to prevent or deter the public servant from discharging their duty.
Examples
- Assault During Duty: A person assaults a police officer while the officer is performing a routine traffic stop. This act is punishable under Section 132.
- Deterrence from Duty: A person uses force against a public servant to prevent them from conducting an inspection. This is also punishable.
- Retaliation: A person attacks a government official in retaliation for actions taken by the official during the lawful execution of their duties. This is covered under this section.
Historical Context
The protection of public servants in the execution of their duties has long been a priority in legal systems worldwide. The Indian Penal Code (IPC) originally laid the groundwork for such protections, which have been updated in BNS 2023 to address current challenges faced by public servants.
Legislative Intent
The legislative intent behind Section 132 of BNS 2023 is to ensure the safety and protection of public servants while they perform their duties. By clearly defining and penalizing assaults and the use of criminal force against public servants, the law aims to deter such acts and uphold the integrity of public service.
Conclusion
Section 132 of BNS 2023 is crucial for protecting public servants from assault and criminal force. By specifying clear punishments, the section ensures that public servants can perform their duties without fear of violence or retaliation, thereby promoting a safer and more orderly society.