Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two thousand and five hundred rupees, or with both;
(b) and where such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court or of preventing the commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, 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.
Simplified Explanation
Section 222 addresses the omission to assist a public servant when a person is legally bound to provide assistance in the execution of the public servant’s duties.
Key Elements of Section 222
1. Duty to Render Assistance
- This section criminalizes the intentional omission by an individual who is legally bound to assist a public servant in the execution of their public duty. The person must have a legal obligation to help, such as when the public servant is performing an official task like making an arrest, suppressing a riot, or executing a lawful court order.
2. Intentional Omission
- The key element of this section is that the failure to assist must be intentional, meaning that the individual consciously decides not to render the required help.
3. Different Levels of Punishment
- The punishment depends on the nature of the assistance and the circumstances in which it was required.
(a) General Assistance
- If the person fails to provide assistance in general situations where they are legally bound to do so, they shall be punished with:
- Simple imprisonment for up to one month, or
- Fine up to two thousand and five hundred rupees, or
- Both imprisonment and fine.
(b) Assistance in Specific Situations
- If the omission to assist occurs in situations where the public servant is executing a court-issued process, or is involved in preventing an offense, suppressing a riot, apprehending an offender, or capturing a person who has escaped lawful custody, the punishment is more severe:
- Simple imprisonment for up to six months, or
- Fine up to five thousand rupees, or
- Both imprisonment and fine.
Purpose and Significance of Section 222
1. Ensuring Compliance with Legal Duties
- The section aims to ensure that citizens comply with their legal duties to assist public servants in performing their functions, especially when their assistance is crucial for maintaining law and order or executing justice.
2. Promoting Cooperation with Public Authorities
- This provision encourages the cooperation of individuals with public servants, which is essential for the smooth execution of law enforcement, court orders, and public safety measures.
3. Deterrence Against Non-Compliance
- The penalties serve as a deterrent to individuals who might otherwise choose to ignore their legal obligation to assist, particularly in serious situations like preventing crimes or helping in the capture of offenders.
Illustrative Scenarios
- Scenario 1: A police officer is attempting to arrest a person who is resisting arrest. The officer demands help from a bystander to subdue the person. If the bystander intentionally refuses to assist the officer, they could be guilty under Section 222.
- Scenario 2: A public servant is trying to stop a riot. The law requires that citizens assist in preventing such disturbances. If a person refuses to help when demanded, knowing the legal obligation to do so, they could face the penalties under this section.
Conclusion
Section 222 of the Bharatiya Nyaya Sanhita, 2023 ensures that individuals fulfill their legal obligation to assist public servants in executing their duties. It provides for punishments ranging from imprisonment and fines to deter non-compliance. This section plays a vital role in maintaining public order and the proper functioning of the justice system by compelling individuals to cooperate when necessary for the lawful execution of public duties.
