(1) Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that 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 five years, or with fine, or with both.
(2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine.
Simplified Explanation
Section 121 of the Bharatiya Nyaya Sanhita, 2023 deals with offenses against public servants in the course of their duty. Let’s break it down:
Subsection (1) – Voluntarily Causing Hurt to a Public Servant
- This subsection criminalizes the act of voluntarily causing hurt to a public servant while they are performing their duties.
- Hurt refers to any bodily injury or harm that does not cause serious injury but causes pain, discomfort, or disfigurement.
- The offense could be committed with an intention to:
- Prevent the public servant from performing their duty,
- Deter them from doing their job,
- Or as a result of any action the public servant took while performing their lawful duty.
Punishment:
- The punishment for this offense could be imprisonment (of any description) for up to five years, fine, or both.
Subsection (2) – Voluntarily Causing Grievous Hurt to a Public Servant
- This subsection specifically addresses cases where grievous hurt is caused to a public servant while they are carrying out their duties.
- Grievous hurt refers to injuries that are more severe than simple hurt, including injuries that may endanger life, cause permanent disfigurement, or lead to serious bodily harm.
- The intent is again to prevent the public servant from performing their duty or as a consequence of their lawful actions.
Punishment:
- The punishment for causing grievous hurt is imprisonment for a term not less than one year, but it could extend to ten years.
- Additionally, there could be a fine imposed.
This section is part of a broader framework designed to protect the functioning of public servants and ensure that they can carry out their duties without interference, intimidation, or violence.
Key Points:
- Public Servant Protection: This provision seeks to safeguard public servants from violence while performing their lawful duties.
- Punishments for Violent Acts: The distinction between simple hurt and grievous hurt allows for more severe punishment when the injuries inflicted are more serious.
- Deterrence: The law aims to deter individuals from using violence or intimidation against public servants who are carrying out their legal duties.