Section 189 IPC: Threat of injury to public servant

Indian Penal Code, 1860

Section 189 IPC at a Glance

Section 189 IPC deals with threat of injury to public servant. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 224 BNS.

Punishment

Imprisonment of either description for up to two years.

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜
BNS Equivalent

Section 224 โ†’

Section 189 IPC Bare Act Text

189. Threat of injury to public servant

Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of 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 189, Indian Penal Code, 1860

Section 189 IPC in Simple Words

Section 189 of the Indian Penal Code (IPC) punishes holding out any threat of injury to a public servant, or to any person in whom the offender believes that public servant to be interested, for the purpose of inducing the public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of that public servant.

The punishment is imprisonment of either description for up to two years, or fine, or both.

The offence is non-cognizable and bailable, and it is triable by any Magistrate.

Ingredients of Section 189 IPC

  • The accused held out a threat of injury
  • The threat was held out to a public servant, or to a person in whom the accused believes that public servant to be interested
  • The threat was held out for the purpose of inducing the public servant to do any act, or to forbear or delay to do any act
  • That act was connected with the exercise of the public functions of the public servant

Punishment Under Section 189 IPC

Imprisonment

Imprisonment of either description for up to two years.

Fine

The offender may be punished with fine alone or with both imprisonment and fine.

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜

Holding out a threat of injury to a public servant to induce an act connected with public functions carries imprisonment for up to two years, or fine, or both.

Example of Section 189 IPC

In 2022 in Indore, Rajesh went to the office of Kavita, a forest range officer and public servant who was preparing an official seizure report. Rajesh told Kavita that he would burn down her residence and harm her daughter, a person in whom Rajesh believed Kavita to be interested, unless she forebore from submitting the report. Rajesh held out this threat of injury to induce Kavita to forbear from doing an act connected with the exercise of her public functions. Rajesh is punishable under Section 189 IPC.

When Section 189 IPC Does Not Apply

  • Section 189 IPC does not apply when the accused uses rude or angry language without holding out any threat of injury.
  • Section 189 IPC does not apply when the threat is directed against someone who is neither a public servant nor a person in whom the accused believes a public servant to be interested.
  • Section 189 IPC does not apply when the threat is made out of personal vengeance and not for the purpose of inducing the public servant to do, forbear, or delay an act connected with his public functions.
  • Section 189 IPC does not apply when the threat is held out to deter a citizen from seeking lawful protection from a public servant, as that offence falls under Section 190 IPC.

Section 189 IPC in the BNS

Section 189 IPC is now covered under Section 224 BNS.

Section 189 IPC is now Section 224 BNS, with the same title, the same words and the same punishment.

View detailed comparison (IPC 189 vs BNS 224) โ†’

FAQs on Section 189 IPC

What does Section 189 IPC provide?โ–ผ

It punishes holding out any threat of injury to a public servant, or to any person in whom the offender believes that public servant to be interested, for the purpose of inducing the public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of that public servant.

What is the punishment under Section 189 IPC?โ–ผ

Imprisonment of either description for up to two years, or fine, or both.

How does Section 189 IPC differ from Section 190 IPC?โ–ผ

Section 189 IPC punishes a threat of injury held out to induce a public servant to do, forbear or delay an official act. Section 190 IPC punishes a threat of injury held out to induce a person to refrain from applying for protection to a public servant.

Whom may the threat be held out to under Section 189 IPC?โ–ผ

To any public servant, or to any person in whom the offender believes that public servant to be interested.

Is an offence under Section 189 IPC cognizable and bailable?โ–ผ

It is non-cognizable and bailable.

Which court tries an offence under Section 189 IPC?โ–ผ

Any Magistrate.

Can an offence under Section 189 IPC be compounded?โ–ผ

No. It is not listed in Section 320 CrPC.

Where is Section 189 IPC in the Bharatiya Nyaya Sanhita?โ–ผ

In Section 224 BNS.

Have questions about Section 189 IPC?

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

Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท