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

Bharatiya Nyaya Sanhita, 2023

Section 132 BNS at a Glance

Section 132 BNS deals with assault or criminal force to deter public servant from discharge of his duty. It is non-bailable and cognizable, triable by any Magistrate; it replaced Section 353 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term up to two years under both codes.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 353 →

Section 132 BNS Bare Act Text

132. 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.

Source: Section 132, Bharatiya Nyaya Sanhita, 2023

Section 132 BNS in Simple Words

Section 132 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with assault or use of criminal force against a public servant, when the act is done to stop or deter that person from carrying out official duty. The law applies only when the public servant is acting in the discharge of lawful duty, or when the accused uses force with the intent to prevent or discourage that duty. It is not every quarrel with a government employee that falls under this section.

This provision is often invoked in situations involving police officers, municipal staff, transport officials, or other government functionaries while they are on duty. The practical point is simple: if a person pushes, hits, threatens with immediate force, or otherwise uses physical force to obstruct official work, the police may register this offence along with other relevant offences. It is a serious charge because it protects public administration and the rule of law.

Ingredients of Section 132 BNS

  • Assaulting or using criminal force to a public servant
  • Using such force while the officer is in the execution of duty, with intent to deter the officer from discharging duty, or in consequence of anything done in the lawful discharge of duty under Section 132 BNS

Punishment Under Section 132 BNS

Imprisonment

Imprisonment of either description for a term up to two years under both codes.

Fine

The court may impose a fine alone or in addition to imprisonment under both codes.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Assault or criminal force to deter a public servant carries imprisonment of either description for up to two years, or fine, or both. This offence is classified as cognizable, non-bailable, triable by any Magistrate, and non-compoundable.

Example of Section 132 BNS

In a commercial market in Kanpur, Head Constable Suresh accompanied a municipal revenue inspector who was executing a warrant to inspect tax records. As the inspector asked the shopkeeper for the account books, Mohan, a relative of the shopkeeper, stepped in and pushed the head constable against a wall to prevent the inspection from continuing. Mohan used criminal force to a public servant with intent to deter him from discharging his official duty. Mohan committed an offence punishable under Section 132 BNS.

When Section 132 BNS Does Not Apply

  • The person assaulted or to whom force was used was not a public servant
  • No assault was committed and no criminal force was used against the public servant
  • The act was not committed while the public servant was in the execution of his duty, nor with intent to prevent or deter the discharge of duty, nor in consequence of anything done or attempted in the lawful discharge of duty

Section 132 BNS in the IPC (Previous Law)

Section 132 BNS replaces Section 353 IPC from the old criminal code.

Section 353 IPC corresponds to Section 132 BNS. The offence, the three statutory limbs, and the punishment of imprisonment of either description up to two years, or fine, or both, remain unchanged in substance across both enactments.

View IPC Section 353 →

FAQs on Section 132 BNS

Can I be booked under Section 132 BNS for arguing with a police officer?▼

A mere argument is usually not enough. There must be assault or criminal force, or at least an act that amounts to using force to stop the officer from doing official duty. Words alone may attract other offences, but not necessarily this section.

Does Section 132 BNS apply only to police officers?▼

No. It applies to any public servant who is lawfully performing official duty. That can include municipal officers, revenue officials, transport staff, and others depending on the facts.

Is Section 132 BNS a bailable offence?▼

No. Assault or criminal force 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 facts of the case.

What is the difference between Section 132 BNS and simple assault?▼

Section 132 BNS has a special link to public duty. The force is used not just to hurt or insult, but to deter a public servant from doing official work. That element makes the offence more serious in law.

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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 ·