Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two thousand and five hundred rupees, or with both.
Simplified Explanation
Section 221 addresses the obstruction of a public servant in the performance of their lawful duties and functions.
Key Elements of Section 221
1. Voluntary Obstruction
- The section criminalizes the voluntary obstruction of a public servant while they are discharging their public functions. The key point here is that the obstruction must be intentional and voluntary, meaning the person obstructing the public servant must do so knowingly and willingly.
2. Discharge of Public Functions
- The public servant must be carrying out their lawful public duties. These duties could range from tasks like enforcing the law, conducting official investigations, or any other responsibility they have by virtue of their office.
3. Punishment for the Offense
- Imprisonment: The person obstructing the public servant may face imprisonment of either description for a term which may extend to three months.
- Fine: The person may also face a fine of up to two thousand and five hundred rupees.
- Combination of Both: The individual may be subject to both imprisonment and fine.
Purpose and Significance of Section 221
1. Protecting the Authority of Public Servants
- This section is designed to protect public servants from any form of interference or obstruction while they are carrying out their duties. Public servants are critical for maintaining law and order, and this provision ensures they can perform their functions without undue hindrance.
2. Promoting Lawful Discharge of Duties
- The provision helps promote a smooth functioning of governmental operations, ensuring that citizens who obstruct public servants can be held accountable, thus allowing public officials to carry out their tasks without fear of disruption.
3. Deterrence Against Disruption
- The penalty of imprisonment or a fine serves as a deterrent to individuals who may seek to impede the execution of public duties for personal or malicious reasons.
Illustrative Scenario
- Scenario 1: A police officer is attempting to arrest a person for a minor offense. During the arrest, another person interferes and physically obstructs the officer, preventing the arrest from taking place. This individual is committing an offense under Section 221 and could be punished with imprisonment or a fine.
- Scenario 2: During an official government inspection of a factory, a worker deliberately prevents the inspector from carrying out their duties by blocking access to key areas of the factory. This obstruction would fall under Section 221, and the worker would be liable to penalties.
Conclusion
Section 221 of the Bharatiya Nyaya Sanhita, 2023 ensures that individuals cannot obstruct public servants while they are performing their duties. It provides for penalties, including imprisonment and fines, for anyone who deliberately interferes with the lawful functions of a public servant. This section is essential for maintaining the integrity and efficiency of public services and ensuring that public servants can perform their functions without disruption or hindrance.
