Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of 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 224 addresses the threat of injury against public servants or individuals associated with them, specifically in the context of influencing the actions or inactions of the public servant.
Key Elements of Section 224
1. Threat of Injury to Public Servant or Others
- The section criminalizes the act of threatening injury to a public servant or anyone whom the public servant is interested in (e.g., family members, colleagues, etc.).
2. Purpose of the Threat
- The purpose of the threat must be to:
- Induce the public servant to do something (an act), or
- Forbear or delay (not do) any act connected with the public functions of the public servant.
3. Punishment for Offense
- If the threat is made with the intent to influence the public servant, the punishment for the offense is:
- Imprisonment of either description for a term which may extend to two years, or
- Fine, or
- Both imprisonment and fine.
Explanation of Key Terms and Concepts
Public Servant
- A public servant refers to any government official or person employed in the public sector who performs duties that contribute to the administration of the public functions and services of the state.
Threat of Injury
- The threat of injury is any communication, whether direct or indirect, intended to intimidate or coerce the public servant into taking or refraining from an action.
Connected with Public Functions
- The act of inducing or delaying must be related to the exercise of public functions—meaning any duties or responsibilities that the public servant has in their official capacity.
Purpose and Significance of Section 224
- Protection of Public Servants: This section aims to protect public servants from coercion and threats that could influence their professional decisions or actions. It ensures that public officials can carry out their duties without the fear of intimidation.
- Prevention of Corruption and Misuse of Power: By penalizing threats made to induce or delay official acts, the provision prevents individuals from attempting to manipulate public servants for personal gain or other illicit purposes.
- Maintaining Public Trust in Governance: It upholds the integrity of the public administration system by discouraging interference with the lawful functioning of public servants.
Illustrative Scenarios
- Scenario 1: A person threatens to harm a police officer’s family if the officer does not release a relative from custody. The intention behind the threat is to induce the officer to act, and this is punishable under Section 224.
- Scenario 2: An individual threatens a government official involved in zoning decisions, aiming to delay the approval of a permit for construction. This threat is meant to influence the official’s actions related to his public duties, making it an offense under this section.
Conclusion
Section 224 of the Bharatiya Nyaya Sanhita, 2023 criminalizes the act of threatening injury to a public servant or those in whom they have an interest, with the goal of influencing or obstructing the public servant’s official duties. The provision imposes severe penalties, including imprisonment and fine, to safeguard the integrity of public functions and ensure that public servants are able to perform their duties without fear of intimidation or coercion.
