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 five thousand rupees, or with both.
BNSS Classification
- Simple imprisonment for 6 months, or fine of ₹5,000, or both.
- Non-cognizable
- Bailable
- Triable by the Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate.
Simplified Explanation
Section 267 deals with intentional insults or interruptions directed at public servants while they are performing their duties during judicial proceedings. This provision aims to maintain the sanctity and order of the judicial process by penalizing actions that disrupt or disrespect those involved in the judicial system.
Key Components of Section 267
- Who is Covered?
- Public servants involved in judicial proceedings. This includes judges, magistrates, and other officials such as court clerks or interpreters, who play an official role in the legal process.
- Actions Addressed:
- Intentional Insult:
- Deliberately offending, disrespecting, or verbally abusing a public servant during a judicial proceeding.
- Interruption:
- Disrupting the proceedings in a manner that hinders or disturbs the public servant from carrying out their judicial duties, including acts such as shouting, making noises, or physically preventing the court from continuing its work.
- Intentional Insult:
- Stage of Judicial Proceeding:
- The insult or interruption must occur while the public servant is actively sitting in any stage of a judicial proceeding. This includes any part of the legal process, from hearings to verdict pronouncement, where the public servant is involved.
Punishment
- Imprisonment:
- Simple imprisonment for up to 6 months.
- Fine:
- A fine of up to 5,000 rupees.
- Both:
- The court may impose both imprisonment and a fine.
Purpose of the Section
- Protecting the Integrity of Judicial Proceedings:
- Judicial proceedings must be conducted with respect and order. Insults or interruptions disrupt the fair administration of justice. This provision seeks to maintain decorum and respect within the courtroom.
- Deterrence:
- By setting clear consequences for such disruptive behavior, this section aims to deter individuals from disrespecting or obstructing judicial processes.
- Ensuring a Functional Justice System:
- Public servants in the judicial process must be able to perform their duties without interference. This section provides a safeguard against any intentional attempts to disrupt or insult them during their work.
Examples of Applicability
- Intentional Insult:
- A person in a courtroom verbally insults the judge, calling them biased or corrupt, during a hearing.
- Interruption:
- An individual loudly objects or disrupts the proceedings with irrelevant statements or refuses to remain silent while the judge is giving instructions or making rulings.
- Disrespecting Judicial Officers:
- A person in a court interrupts a magistrate or clerk who is reading a verdict, causing a delay or distraction.
Purpose in the Context of Legal Process
This section reinforces the principle that the judicial system must be free from external interference or disorderly conduct. Public servants working within this system, particularly judicial officers, need protection from disturbances that could impair their ability to administer justice properly.
