Bharatiya Nyaya Sanhita, 2023
BNS Section 222
Omission to assist public servant when bound by law to give assistance
In one line
BNS Section 222 deals with omission to assist public servant when bound by law to give assistance and replaces IPC 187.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 222(a) | Omission to assist public servant when bound by law to give such assistance. | Simple imprisonment for 1 month, or fine of 2,500 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 222(b) | Wilfully neglecting to aid a public servant who demands aid in the execution of process, the prevention of offences, etc. | Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
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 222
222. Omission to assist public servant when bound by law to give assistance.
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.
What changed from the IPC
- IPC 187 → BNS 222: Section is reorganised in the form of clauses (a) and (b) without changing the essence, and the upper limit of the fine is increased from two hundred to two thousand and five hundred rupees and five hundred to five thousand rupees.
Frequently asked
What was BNS Section 222 in the IPC?
BNS Section 222 (Omission to assist public servant when bound by law to give assistance) replaces Section 187 of the Indian Penal Code, 1860. IPC 187 is now BNS 222.
What is the punishment under BNS 222(a)?
Omission to assist public servant when bound by law to give such assistance – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
What is the punishment under BNS 222(b)?
Wilfully neglecting to aid a public servant who demands aid in the execution of process, the prevention of offences, etc – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
Is BNS 222 bailable?
Bailable: BNS 222(a), 222(b). 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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Nearby BNS sections
- BNS 217 — False information, with intent to cause public servant to use his lawful power to injury of another person
- BNS 218 — Resistance to taking of property by lawful authority of a public servant
- BNS 219 — Obstructing sale of property offered for sale by authority of public servant
- BNS 220 — Illegal purchase or bid for property offered for sale by authority of public servant
- BNS 221 — Obstructing public servant in discharge of public functions
- BNS 223 — Disobedience to order duly promulgated by public servant
- BNS 224 — Threat of injury to public servant
- BNS 225 — Threat of injury to induce person to refrain from applying for protection to public servant
- BNS 226 — Attempt to commit suicide to compel or restrain exercise of lawful power
- BNS 227 — Giving false evidence