Section 228 IPC: Intentional insult or interruption to public servant sitting in judicial proceeding

Indian Penal Code, 1860

Section 228 IPC at a Glance

Section 228 IPC deals with intentional insult or interruption to public servant sitting in judicial proceeding. It is bailable and non-cognizable; from 1 July 2024 it is replaced by Section 267 BNS.

Punishment

Simple imprisonment for a term which may extend to six months.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ The Court in which the offence is committed, subject to the provisions of Chapter XXVI; or if not committed in a Court, Any Magistrate ⓘ
BNS Equivalent

Section 267 →

Section 228 IPC Bare Act Text

228. Intentional insult or interruption to public servant sitting in judicial proceeding

Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Source: Section 228, Indian Penal Code, 1860

Section 228 IPC in Simple Words

Section 228 of the Indian Penal Code (IPC) punishes any person who intentionally offers an insult, or causes an interruption, to a public servant while that public servant is sitting in any stage of a judicial proceeding.

The prescribed penalty is simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

The offence is non-cognizable, bailable, non-compoundable, and triable by the Court in which the offence is committed subject to the provisions of Chapter XXVI, or if not committed in a Court, by Any Magistrate.

Ingredients of Section 228 IPC

  • The person insulted or interrupted was a public servant
  • The public servant was sitting in a stage of a judicial proceeding at the relevant time
  • The accused intentionally offered an insult or caused an interruption to that public servant

Punishment Under Section 228 IPC

Imprisonment

Simple imprisonment for a term which may extend to six months.

Fine

Fine which may extend to one thousand rupees, or both imprisonment and fine.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ The Court in which the offence is committed, subject to the provisions of Chapter XXVI; or if not committed in a Court, Any Magistrate ⓘ

Intentionally insulting or interrupting a public servant sitting in a judicial proceeding carries simple imprisonment up to six months, or fine up to one thousand rupees, or both.

Example of Section 228 IPC

In 2021, while a Judicial Magistrate in Coimbatore was recording witness testimony during a criminal trial, Vikram stood up in the courtroom gallery and intentionally hurled derogatory remarks at the Magistrate and banged on the wooden railing to halt the hearing. Because the Magistrate was a public servant sitting in a stage of a judicial proceeding and Vikram intentionally offered an insult and caused an interruption to him, Vikram is punishable under Section 228 IPC.

When Section 228 IPC Does Not Apply

  • The person who was insulted or interrupted was not a public servant.
  • The public servant was performing an administrative task or was on recess rather than sitting in a stage of a judicial proceeding.
  • The noise or disturbance in the courtroom happened accidentally, such as a litigant tripping or dropping a folder without any intention to insult or interrupt.

Section 228 IPC in the BNS

Section 228 IPC is now covered under Section 267 BNS.

Section 228 IPC is now Section 267 BNS. The maximum fine is increased from one thousand rupees to five thousand rupees, while the elements, simple imprisonment up to six months, and court procedures remain unchanged.

View detailed comparison (IPC 228 vs BNS 267) →

FAQs on Section 228 IPC

What does Section 228 IPC punish?▼

It punishes intentionally offering an insult or causing an interruption to any public servant while that public servant is sitting in any stage of a judicial proceeding.

What is the punishment under Section 228 IPC?▼

Simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Can rigorous imprisonment be awarded under Section 228 IPC?▼

No. The section authorizes simple imprisonment only.

What is the maximum fine under Section 228 IPC compared to Section 267 BNS?▼

Under Section 228 IPC the maximum fine is one thousand rupees, whereas Section 267 BNS increases the maximum fine to five thousand rupees.

Is an offence under Section 228 IPC bailable and cognizable?▼

An offence under Section 228 IPC is bailable and non-cognizable.

Which court tries an offence under Section 228 IPC?▼

The Court in which the offence is committed, subject to the summary procedure in Chapter XXVI, or if not committed in a Court, Any Magistrate.

Can an offence under Section 228 IPC be compounded?▼

No. Section 228 IPC is not compoundable under Section 320 CrPC.

Where is Section 228 IPC located in the Bharatiya Nyaya Sanhita?▼

In Section 267 BNS.

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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 · Last updated: 16 Oct 2026 ·