Section 222 BNS: Omission to assist public servant when bound by law to give assistance
Bharatiya Nyaya Sanhita, 2023
Section 222 BNS at a Glance
Section 222 BNS deals with omission to assist public servant when bound by law to give assistance. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 187 IPC on 1 July 2024.
Simple imprisonment for up to one month under clause (a). Where the assistance is demanded by a public servant legally competent to make the demand for one of the listed purposes under clause (b), simple imprisonment for up to six months.
Section 222 BNS Bare Act Text
222. Omission to assist public servant when bound by law to give assistance
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.
Source: Section 222, Bharatiya Nyaya Sanhita, 2023
Section 222 BNS in Simple Words
Section 222 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with intentionally failing to assist a public servant when bound by law to do so. It applies where a person has a legal duty to render or furnish assistance to a public servant in the execution of his public duty and intentionally omits to give that assistance.
The section sets out two levels of punishment. Under clause (a), in the ordinary case, the punishment is simple imprisonment for up to one month, or fine up to two thousand five hundred rupees, or both. Under clause (b), a higher punishment of simple imprisonment for up to six months, or fine up to five thousand rupees, or both applies when the assistance is demanded by a legally competent public servant for executing court process, preventing an offence, suppressing a riot or affray, or apprehending a person charged with or guilty of an offence or who has escaped from lawful custody.
Ingredients of Section 222 BNS
- The accused, being bound by law to assist a public servant in the execution of his public duty, intentionally omitted to give that assistance
- Where the higher punishment is sought, the assistance was demanded by a legally competent public servant for one of the listed purposes
Punishment Under Section 222 BNS
Simple imprisonment for up to one month under clause (a). Where the assistance is demanded by a public servant legally competent to make the demand for one of the listed purposes under clause (b), simple imprisonment for up to six months.
Fine of up to two thousand five hundred rupees under clause (a), and up to five thousand rupees under clause (b). The offender may be punished with fine alone or with both imprisonment and fine.
Intentionally omitting to assist a public servant when bound by law carries simple imprisonment for up to one month, or fine of up to two thousand five hundred rupees, or both under clause (a). Under clause (b), the limits are simple imprisonment for up to six months, or fine of up to five thousand rupees, or both.
Example of Section 222 BNS
When Section 222 BNS Does Not Apply
- The person was not bound by law to render or furnish assistance
- The assistance was not sought for a public servant in the execution of his public duty
- The omission was not intentional
- The demand was not made by a public servant legally competent to make it or was not for one of the listed purposes, so that only the ordinary punishment can apply
Section 222 BNS in the IPC (Previous Law)
Section 222 BNS replaces Section 187 IPC from the old criminal code.
Section 187 IPC is now Section 222 BNS, with the same title and the same offence. Section 222 BNS sets out the punishment in two clauses, one for the ordinary case and one for the case where the assistance is demanded. It raises the fine from two hundred rupees to two thousand five hundred rupees in the first clause and from five hundred rupees to five thousand rupees in the second. The imprisonment terms of one month and six months are unchanged. The second clause also refers to process issued by a Court where the IPC refers to a Court of Justice.
View IPC Section 187 →FAQs on Section 222 BNS
What does Section 222 of the BNS punish?▼
Section 222 BNS punishes a person who is legally bound to help a public servant but intentionally does not give that help. It applies only when the law required that assistance and the omission was intentional.
What has to be proved under Section 222 of the BNS?▼
It must be shown that the person was bound by law to render or furnish assistance to a public servant in the execution of public duty. It must also be shown that the person intentionally omitted to give that assistance. In the more serious situation under clause (b), the demand must have been made by a public servant legally competent to make it for the purposes stated in the section.
Is Section 222 BNS bailable?▼
Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.
What is the punishment under Section 222 of the BNS?▼
Under clause (a), the punishment is simple imprisonment up to one month, or fine up to two thousand five hundred rupees, or both. Under clause (b), where assistance is demanded for executing court process, preventing an offence, suppressing a riot or affray, or apprehending an accused, offender, or escapee, the punishment is simple imprisonment up to six months, or fine up to five thousand rupees, or both.
What should I do if I am accused under Section 222 of the BNS or want to complain about it?▼
If you are accused, check whether you were actually under a legal duty to assist and whether there was a clear demand by a legally competent public servant, if clause (b) is being alleged. If you want to complain, keep any notice, order, message, or witness details showing that assistance was legally required and intentionally refused. A local lawyer can help you assess the exact allegation under Section 222 BNS.
Have questions about Section 222 BNS?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru →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 ·