Code: Section 225 BNS
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.
Explanation of Section 225 BNS
Section 225 of the Bharatiya Nyaya Sanhita, 2023 deals with acts of coercion that prevent individuals from seeking legal protection from public servants. It criminalizes any threat made to deter a person from applying for protection against an injury or harm, particularly when the protection is to be granted by a public servant.
Key Elements of the Offense:
- Threat of Injury: The accused must have issued a threat of harm to another person.
- Inducement to Refrain from Seeking Protection: The purpose of the threat must be to discourage the person from seeking legal protection.
- Public Servant’s Role: The law protects individuals seeking assistance from a public servant legally empowered to provide such protection.
- Punishment:
- Imprisonment up to one year
- Fine
- Both imprisonment and fine (depending on the severity of the offense)
Illustration
Example 1: Threatening a Witness to Stop Them from Seeking Police Protection
A witness in a criminal case is receiving threats from a local gang. When the witness plans to approach the police for protection, a gang member threatens to harm their family if they proceed. This act falls under Section 225 BNS, as it deters the witness from seeking legal protection from law enforcement.
Example 2: A Business Rival Preventing an Employee from Reporting Extortion
A businessman threatens his competitor’s employee to stop them from filing a complaint about extortion. Since the employee was about to approach the authorities for protection, this constitutes an offense under Section 225 BNS.
Common Questions and Answers on Section 225 BNS
1. What is the objective of Section 225 BNS?
The section aims to protect individuals from being coerced into abandoning their legal right to seek protection from public servants who are authorized to provide such protection.
2. What constitutes a “threat of injury” under this section?
A “threat of injury” includes physical harm, mental harassment, economic loss, or social defamation used to discourage someone from seeking legal protection.
3. What is the punishment under Section 225 BNS?
The punishment includes:
- Imprisonment (up to one year)
- Fine
- Both, depending on the circumstances of the case
4. Can Section 225 BNS be applied against a public servant?
No, this section specifically applies to private individuals who threaten someone to prevent them from seeking protection. However, if a public servant engages in such an act, they may face charges under other provisions of the BNS.
5. How is Section 225 BNS different from criminal intimidation under Section 216 BNS?
While Section 216 BNS deals with general threats intended to cause alarm or force a person to do or abstain from something, Section 225 BNS specifically penalizes threats that aim to deter individuals from seeking protection from public servants.
Conclusion
Section 225 BNS plays a crucial role in preventing coercion and intimidation that hinders people from accessing legal protection. By ensuring that threats meant to silence victims do not go unpunished, this provision upholds the rule of law and individual rights.
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