Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such 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 two years, or with fine, or with both.
Simplified Explanation
Section 132 of the Bharatiya Nyaya Sanhita, 2023 addresses the assault or criminal force used against a public servant in the execution of their official duties.
Section 132 – Assault or Criminal Force to Deter Public Servant from Discharge of Duty
- Offense: This section makes it an offense to:
- Assault or use criminal force against a public servant while they are performing their duties, or
- Intend to prevent or deter the public servant from discharging their duties, or
- Cause harm to the public servant because of actions taken or attempted by the public servant while lawfully executing their duties.
- Punishment: The offender can be punished with:
- Imprisonment of either description (simple or rigorous) for a term which may extend to two years,
- Fine, or
- Both imprisonment and fine.
Explanation:
This section specifically targets acts of assault or the use of criminal force aimed at obstructing or retaliating against public servants in the course of their duties. The punishment is intended to deter such acts, recognizing the need to protect public servants from violence or interference while performing their legal responsibilities.
Key Points:
- Public servant: The provision applies specifically to individuals who are public servants, meaning those acting in an official capacity in government service.
- Execution of duty: The offense must occur while the public servant is performing their lawful duties.
- Deterrence or retaliation: If the assault or force is intended to prevent the servant from performing their duty or is in retaliation for actions already undertaken in the course of their duties, it is punishable under this section.
- Punishment is up to two years of imprisonment, a fine, or both.
Section 132 thus serves to safeguard public servants from interference and violence while ensuring they can carry out their functions without fear of deterrence or reprisal.
