Section 121 BNS: Voluntarily causing hurt or grievous hurt to deter public servant from his duty

Bharatiya Nyaya Sanhita, 2023

Section 121 BNS at a Glance

Section 121 BNS deals with voluntarily causing hurt or grievous hurt to deter public servant from his duty. It is non-bailable and cognizable; it replaced Sections 332 and 333 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to five years, or with fine, or with both.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 332 →

Section 121 BNS Bare Act Text

(1) Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that 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 five years, or with fine, or with both.

(2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine.

Source: Section 121, Bharatiya Nyaya Sanhita, 2023

Section 121 BNS in the IPC (Previous Law)

Section 121 BNS replaced Sections 332 and 333 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 121 BNS

Does Section 121(1) BNS apply if I only argued with a government officer?▼

No, argument by itself is not enough. The prosecution must prove that hurt was voluntarily caused and that it was done to stop or deter the officer from doing official duty.

Who is treated as a public servant under Section 121(1) BNS?▼

A wide range of government officers can fall within this category, including police officers, revenue staff, municipal officers, and other officials acting lawfully in public duty. The exact status depends on the facts and the role being performed.

Is the offence under Section 121(1) BNS bailable?▼

No. Voluntarily causing hurt to deter a public servant from duty is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides based on the injury caused and the circumstances of the incident.

Under Section 121(1) BNS, what if the officer was not doing lawful duty?▼

If the officer was acting outside lawful authority, the case becomes weaker for the prosecution. The law protects public servants when they are lawfully discharging their duties, not when they are acting without legal basis.

Is Section 121(2) BNS a bailable offence?▼

No. It is a non-bailable offence. Bail depends on the facts, the evidence, and the court's discretion.

What must the prosecution prove in a Section 121(2) BNS case?▼

The prosecution must show that grievous hurt was caused voluntarily to a public servant in the discharge of duty, with intent to prevent or deter discharge of duty, or in consequence of anything done in the lawful discharge of duty. Mere injury without that link to official duty is not enough.

Does Section 121(2) BNS apply if the public servant was off duty?▼

Usually, no. The section is meant for harm caused to a public servant while acting in official duty, or because of that duty. The link between the act and official work is very important.

Can a person be charged under Section 121(2) BNS for attacking a police officer during arrest?▼

Yes, if the facts show grievous hurt and the attack was meant to stop the officer from doing lawful duty. Police assault cases are a common use of this provision.

Section 121 BNS: Sub-sections Explained

Section 121(1) BNS: Voluntarily causing hurt to deter public servant from his duty

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Bare Act Text

(1) Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that 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 five years, or with fine, or with both.

Explained in Simple Words

Section 121 of the Bharatiya Nyaya Sanhita (BNS) this section applies when a person intentionally causes hurt to a public servant so as to stop or deter that officer from doing his lawful duty. The public servant may be a police officer, revenue officer, government doctor, municipal official, or any other officer acting in an official capacity. The key point is the purpose behind the act.

The hurt must be caused to interfere with public duty, not just during a random quarrel. In practice, this section is often used in cases involving resistance to arrest, obstruction during inspections, attacks on officials during raids, or violence against officers carrying out lawful orders. The prosecution must show both the causing of hurt and the link between that act and the intent to prevent the officer from performing duty.

If the evidence only shows a general scuffle, this section may not stand. It is a serious offence because the law protects public servants while they perform work for the public.

Key Ingredients

  • Voluntarily causing hurt to any person being a public servant
  • In the discharge of duty as such public servant, with intent to prevent or deter discharge of duty, or in consequence of anything done or attempted in the lawful discharge of duty

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term which may extend to five years, or with fine, or with both.

💰 The court may impose fine alone or alongside imprisonment.

Voluntarily causing hurt to deter a public servant from duty carries imprisonment of either description for up to five years, or fine, or both. The offence is cognizable, non-bailable, triable by a Magistrate of the first class, and not compoundable.

Real-World Example

In a residential lane in Kanpur, Head Constable Anil visited the house of Ramesh to serve a court summons in the course of his official duties. When Anil asked Ramesh to accept the summons, Ramesh struck Anil across the chest with a wooden bat, causing bodily pain and bruising to deter the officer from serving the process. Ramesh voluntarily caused hurt to a public servant in the discharge of his duty and with intent to deter him from discharging that duty. Ramesh is punishable under Section 121(1) BNS.

When This Does Not Apply

  • The accused did not voluntarily cause hurt
  • The person hurt was not a public servant
  • The hurt was not caused while the public servant was in the discharge of duty, was not caused with intent to prevent or deter any public servant from duty, and was not caused in consequence of anything done or attempted to be done in the lawful discharge of duty

Previous Law

IPC 332 → Section 121(1) BNS

Section 332 IPC is succeeded by Section 121(1) BNS. Under the Bharatiya Nyaya Sanhita, hurt and grievous hurt to deter a public servant from duty are consolidated into Section 121(1) BNS, with simple hurt assigned to sub-section 1. The maximum term of imprisonment rises from three years under Section 332 IPC to five years under Section 121(1) BNS. The offence remains punishable with imprisonment of either description, or with fine, or with both, and the statutory ingredients are unchanged.

Section 121(2) BNS: Voluntarily causing grievous hurt to deter public servant from his duty

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Bare Act Text

(2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine.

Explained in Simple Words

Section 121(2) of the Bharatiya Nyaya Sanhita (BNS) deals with a serious situation where a person intentionally causes grievous hurt to a public servant in the discharge of official duty, with the aim of stopping or deterring that person from doing official duty, or in consequence of anything done in the lawful discharge of duty. It is not a routine hurt offence. The law treats it more seriously because the victim is a public servant acting in an official capacity. This section usually applies where there is clear proof of both grievous hurt and the link to official duty.

For example, if someone attacks a police officer, revenue officer, or other public servant while they are lawfully performing their work, and the attack is meant to deter them, this section may be used. In practice, it is often invoked in cases involving assault on police during arrest, raid, eviction, inspection, or crowd control. The offence carries severe punishment because the law protects public administration from violence and intimidation.

Key Ingredients

  • Voluntarily causing grievous hurt to any person being a public servant
  • In the discharge of duty as such public servant, with intent to prevent or deter discharge of duty, or in consequence of anything done or attempted in the lawful discharge of duty

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment of either description for a term which may extend to ten years under the Bharatiya Nyaya Sanhita; imprisonment of either description for a term which shall not be less than one year but which may extend to ten years under the Bharatiya Nyaya Sanhita.

💰 The offender is also liable to fine in addition to imprisonment under both codes.

Voluntarily causing grievous hurt to deter a public servant from duty carries imprisonment for up to ten years and liability to fine under the Bharatiya Nyaya Sanhita, while the Bharatiya Nyaya Sanhita introduces a minimum term of one year. The offence is cognizable, non-bailable, triable by the Court of Session, and not compoundable.

Real-World Example

In a commercial market in Jaipur, Municipal Revenue Officer Suresh arrived with an enforcement squad to seal an unauthorized commercial complex in the lawful discharge of his duty. While Suresh inspected the premises, Vikrant attacked him with an iron bar, fracturing the arm of Suresh to deter the officer and his squad from completing the sealing procedure. Vikrant voluntarily caused grievous hurt to a public servant in the discharge of his duty and with intent to deter him from performing that duty. Vikrant is punishable under Section 121(2) BNS.

When This Does Not Apply

  • The accused did not voluntarily cause grievous hurt
  • The person hurt was not a public servant
  • The grievous hurt was not caused while the public servant was in the discharge of duty, was not caused with intent to prevent or deter any public servant from duty, and was not caused in consequence of anything done or attempted to be done in the lawful discharge of duty

Previous Law

IPC 333 → Section 121(2) BNS

Section 333 IPC is succeeded by Section 121(2) BNS. Under the Bharatiya Nyaya Sanhita, hurt and grievous hurt to deter a public servant from duty are combined in Section 121(2) BNS, with grievous hurt placed in sub-section 2. The Bharatiya Nyaya Sanhita introduces a minimum term of imprisonment of one year, while keeping the maximum punishment at imprisonment of either description for up to ten years and liability to fine. The substantive ingredients of the offence remain unchanged.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·