Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Simplified Explanation
Section 225 addresses the threat of injury directed at an individual with the intent of preventing them from seeking protection from a public servant. Specifically, it criminalizes threats aimed at inducing someone to refrain from seeking legal protection from a public servant who is authorized to offer such protection.
Key Elements of Section 225
1. Threat of Injury
- The section involves a threat of injury to an individual.
- The threat can be directed at the person seeking protection or to anyone associated with them.
2. Purpose of the Threat
- The purpose of the threat must be to induce the person to:
- Refrain from or desist from making a legal application to a public servant for protection.
- The protection could be related to preventing an injury or safeguarding the person from harm or injustice.
3. Public Servant Authorized to Provide Protection
- The public servant in question must be legally empowered to provide such protection. This could include police officers, judges, or other government officials responsible for ensuring safety and upholding the law.
4. Punishment for Offense
- If someone threatens injury to prevent another from seeking legal protection, they will face:
- Imprisonment of either description for a term that may extend to one year, or
- Fine, or
- Both imprisonment and fine.
Explanation of Key Terms
Public Servant
- A public servant is any government official or authority who holds a position of trust and is responsible for performing public duties, such as law enforcement officers, administrative officials, and judicial officers.
Legal Application for Protection
- A legal application for protection refers to a formal request made by an individual to a public servant (e.g., the police or a court) for assistance in preventing harm or securing their safety.
Refrain from Applying
- The individual making the threat aims to prevent the person from exercising their legal right to seek protection or intervention from a public servant. This may involve threats of harm or other forms of coercion.
Purpose and Significance of Section 225
- Protection of Rights: The section safeguards individuals’ right to seek protection from public authorities without fear of retaliation or harm. It ensures that people can seek justice and security through legal channels without being intimidated by threats.
- Prevention of Coercion: The provision prevents individuals from being coerced or intimidated into abandoning their efforts to seek protection or legal recourse, which could be vital in situations involving danger, abuse, or violence.
- Upholding the Rule of Law: It ensures that the legal system remains accessible and fair, allowing individuals to call upon public servants (such as law enforcement or courts) for assistance without the fear of being threatened or deterred from exercising their rights.
Illustrative Scenarios
- Scenario 1: A woman, fearing domestic violence, applies to the police for protection. Her partner threatens to harm her if she continues her application for protection. This threat is aimed at preventing her from exercising her legal right to seek safety, and the person making the threat would be committing an offense under Section 225.
- Scenario 2: A business owner is being harassed by a competitor. The competitor threatens harm to the business owner’s family if they file a complaint with the authorities. The threat is intended to discourage the person from seeking legal intervention, which makes the competitor liable under this section.
Conclusion
Section 225 of the Bharatiya Nyaya Sanhita, 2023 criminalizes threatening injury to prevent an individual from making a legal application for protection from a public servant. The law ensures that people can approach authorities for protection against harm without being deterred by threats. The penalties for such offenses include imprisonment, fines, or both, underscoring the importance of safeguarding individuals’ rights to seek justice and security.
