Bharatiya Nyaya Sanhita, 2023

BNS Section 121

Voluntarily causing hurt or grievous hurt to deter public servant from his duty

In one line

BNS Section 121 deals with voluntarily causing hurt or grievous hurt to deter public servant from his duty and replaces IPC 332 (now 121(1)), IPC 333 (now 121(2)).

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
121(1)Voluntarily causing hurt to deter public servant from his duty.Imprisonment for 5 years, or fine, or both.Cognizable.Non-bailable.Magistrate of the first class.
121(2)Voluntarily causing grievous hurt to deter public servant from his duty.Imprisonment not less than 1 year, or imprisonment for 10 years and fine.Cognizable.Non-bailable.Court of Session.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 121

121. Voluntarily causing hurt or grievous hurt to deter public servant from his duty.

(1) Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

(2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine.

What changed from the IPC

  • IPC 332 → BNS 121(1): IPC section is included as a subsection in BNS.
  • IPC 332 → BNS 121(1): Imprisonment is increased from three to five years.
  • IPC 333 → BNS 121(2): IPC section is included as a sub-section in BNS sans heading.
  • IPC 333 → BNS 121(2): Mandatory minimum imprisonment of one year is added.

Frequently asked

What was BNS Section 121 in the IPC?

BNS Section 121 (Voluntarily causing hurt or grievous hurt to deter public servant from his duty) replaces Sections 332, 333 of the Indian Penal Code, 1860. IPC 332 is now BNS 121(1). IPC 333 is now BNS 121(2).

What is the punishment under BNS 121(1)?

Voluntarily causing hurt to deter public servant from his duty – punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.

What is the punishment under BNS 121(2)?

Voluntarily causing grievous hurt to deter public servant from his duty – punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.

Is BNS 121 bailable?

Non-bailable: BNS 121(1), 121(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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