INTRODUCTION
Public servants are the backbone of governance and administration in any country. They implement laws, deliver public services, and maintain order. The law grants them certain protections to ensure they can perform their duties without fear, intimidation, or obstruction. The Bharatiya Nyaya Sanhita, 2023 (BNS), which replaces the Indian Penal Code (IPC), continues this protection by codifying various offences against public servants within a modernised legal framework.
This article examines the nature, scope, and significance of offences against public servants under the BNS, 2023, emphasising the relevant sections and their implications.
WHO IS a PUBLIC SERVANT?
The Bhartiya Nyaya Sanhita, 2023, does not provide an independent definition for the term public servant. The term ‘public servant’ carried forward to the THE BHARTIYA NAGRIK SURAKSHA SANHITA,2023.
A LIST OF PEOPLE WHO CAN BE CONSIDERED AS PUBLIC SERVANTS
- Judges and judicial officers
- Employees and statutory bodies
- Armed forces members
- Elected representatives
- Other public servants
Individuals responsible for detecting and preventing corruption, investigating offences, or administering oaths are also considered public servants.
IMPORTANCE OF LEGAL SAFEGUARDS FOR PUBLIC SERVANTS
- Maintaining law and order- public servants are helping to maintain law and order.
- Safeguard obstruction- safeguards deter citizens from interfering in lawful actions.
- Discourage Corruption and Intimidation– they promote transparency and accountability and foster ethical behaviour.
KEY OFFENCES AGGAINST PUBLIC SERVANTS IN BHARTIYA NYAYA SANHITA,2023 [BNS]
Section 195 of Bhartiya Nyaya Sanhita,2023 deals with the Assaulting or Obstructing a public servant when suppressing a riot, etc. means that the law specifically aims to protect public servants while they are working in high-risk situations, ensuring they are not deterred by violence or obstruction while trying to restore order.
Punishment for this offence :
3 years of imprisonment, a fine or both imprisonment or fine.
Section 199 of Bhartiya Nyaya Sanhit,2023 deals with the public servant disobeying a direction under law means that when a public servant (like a police officer or government worker) refuses to follow a lawful order or direction, it is considered an offence. Public servants are required to do their job as per the instructions given by their superiors or the law.
Punishment for this offence :
. A public servant may face disciplinary action at their department.
. In serious cases, they may also be fined or imprisoned.
Section 202 of Bhartiya Nyaya Sanhita,2023 deals with the public servant unlawfully engaging in a trade means that a public servant (like a government worker) is not allowed to run a business or trade while doing their official job, especially if it is against the law. Public servants should focus on their duties and not use their position to make money from a business.
Punishment :
. They may face punishments in the workplace.
. They can also be fined or imprisoned it depending on the situation or the crime.
This law is to make sure that public servants don’t misuse their job for personal gain.
Section 204 of Bhartiya Nyaya Sanhita,2023 deals with the personating a public servant means that someone pretends to be a public servant, like a police officer or a government worker, even though they are not. This can include wearing an official uniform, using a title, or acting in a way that makes people believe they hold an official position.
Why do we call pretending to be a public servant a crime?
It creates a lot of confusion and abuse, especially in some cases, like a person who tricks others or breaks the law while pretending to have official power. They can also commit a serious nature of crime in the name of a public servant.
Punishment :
They can be punished with imprisonment or a fine it depending on the situation.
Section 205 of Bhartiya Nyaya Sanhita,2023 deals with the wearing of garb or carrying a token used by a public servant with fraudulent intent. Means that when someone wears a uniform or carries an ID badge that is meant for public servants, like a police officer or a government worker, with the intention to trick others. The person might pretend to be a public servant in order to gain something or mislead people.
This law aims to stop people from using the image of a public servant to take advantage of that and commit fraud or crime.
Section 261 of Bhartiya Nyaya Sanhita,2023 deals with the escape from confinement or custody negligently suffered by a public servant means that the law ensures that public servants are held accountable for properly performing their duties, especially when it comes to security and maintaining custody.
Section 267 of Bhartiya Nyaya Sanhita,2023 deals with the international insult or interruption to a public servant sitting in judicial precedent means that This law ensures that the integrity of the legal process is protected, and public servants are given the respect they deserve while doing their jobs.
Punishment :
6 months of imprisonment
Fine, or both fine and imprisonment.
CONCLUSION
The Bharatiya Nyaya Sanhita, 2023, includes rules to protect public servants from harm and unfair treatment. These rules aim to make public service more efficient, keep public servants safe, and ensure that people respect their authority. The law updates old terms, adds stronger punishments, and keeps up with modern rules and evidence practices. This makes the law more effective in today’s world. However, these rules should be used carefully. They shouldn’t be misused to stop legitimate protests or fair criticism of public servants. The goal is to find a good balance between giving power to public servants and holding them accountable for their actions. For the law to work well, it must be applied fairly. This means having a watchful judiciary and an informed public service that will apply the rules correctly, avoiding misuse, and ensuring that justice is served.
Also Read:
Rights of undertrial prisoners in India
How To Send A Legal Notice In India
