Section 222 BNS: Threat of Injury to Public Servant

Section 222 of Bharatiya Nyaya Sanhita: Omission to Assist Public Servant when Bound by Law

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance,––

(a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two thousand and five hundred rupees, or with both;

(b) and where such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court or of preventing the commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023

Official BNSS Schedule I

Offence / Provision	Statutory Punishment	Bail Status	Cognizance	Trial Jurisdiction	Old IPC Equivalent
Section 222 BNS Omission to Assist Public Servant when Bound by Law	Imprisonment extending to 2 years, or fine, or both.	Bailable	Non-Cognizable	Any Magistrate	Formerly Sec 187 IPC

Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

Legal Commentary & Landmark Judgments: Section 222

Section 222 penalises intentional omission to assist a public servant in the execution of their duty when bound by law to render such assistance.

Statutory Obligation to Assist: The person is legally bound by express statute to render assistance (e.g., Section 33 or 34 BNSS in suppressing riots or apprehending felons).
Lawful Demand: A clear and reasonable demand for assistance made by a public servant.
Intentional Refusal: Intentional failure or refusal to assist without reasonable cause.

Key Landmark Precedents:

State of Maharashtra v. Laljit Rajshi Shah (2000) 2 SCC 372: Held that penal provisions compelling citizens to assist authorities must be strictly construed and limited to statutory duties expressly specified by law.
Emperor v. Ram Sarup AIR 1938 Pat 229: Clarified that a citizen cannot be punished for failure to assist unless the public servant explicitly requested assistance for a recognized statutory emergency.

Courtroom Practice & Strategic Litigation Guidance:

Demonstrate lack of physical capacity, imminent danger to personal life, or absence of an explicit verbal demand from the officer to successfully defend charges under Section 222.

Section 222: Omission to Assist Public Servant when Bound by Law

Section 222 of Bharatiya Nyaya Sanhita: Omission to Assist Public Servant when Bound by Law

BNSS First Schedule Legal Classification

Legal Commentary & Landmark Judgments: Section 222