Section 189 IPC - Threat of Injury to Public Servant
Section 189 of the Indian Penal Code, 1860 punished a threat of injury made to a public servant, or to a person in whom the accused believed that public servant to be interested, when the threat was used to influence the exercise of the public servant's public functions.
Section 189 IPC - Statutory Provision
Threat of injury to public servant.
Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Meaning of Section 189 IPC
The provision targeted threats intended to influence a public servant's exercise of public functions. The threat could be directed at the public servant personally or at another person in whom the accused believed the public servant to be interested. The statutory purpose of the threat was important: it had to be used to induce the public servant to act, refrain from acting, or delay an act connected with public functions.
Essential Ingredients of Section 189 IPC
- Threat of injury: there must be a threat of injury.
- Target of the threat: the threat must be to a public servant or to a person in whom the accused believes that public servant to be interested.
- Purpose of inducement: the threat must be made for the purpose of inducing the public servant to do an act, forbear from doing an act, or delay doing an act.
- Connection with public functions: the act, forbearance or delay sought must be connected with the exercise of the public servant's public functions.
Meaning of "Public Servant"
For the IPC regime, the expression "public servant" was defined in Section 21 of the Indian Penal Code, 1860. Whether a person falls within that statutory definition depends on the office, function, duty or legal status involved.
Threat to Another Person Connected With the Public Servant
Section 189 was not confined to a threat directed personally against the public servant. Its wording also covered a threat to a person in whom the accused believed the public servant to be interested. This part of the provision addressed an attempt to influence official conduct by threatening injury to another person believed to matter to the public servant.
Act, Forbearance or Delay in Public Functions
The prohibited purpose could take three forms: inducing the public servant to do an act, to forbear from doing an act, or to delay doing an act. In each case, the act or omission sought by the threat had to be connected with the exercise of the public functions of that public servant.
Punishment Under Section 189 IPC
| Offence | Threat of injury used for the purpose specified in Section 189 to influence a public servant's public functions. |
|---|---|
| Maximum imprisonment | Imprisonment of either description for up to two years. |
| Fine | Fine may be imposed; the statutory text of Section 189 did not prescribe a specific maximum amount. |
| Alternative punishment | Imprisonment, fine, or both. |
Section 189 and Related IPC Provisions
Section 186 IPC dealt with voluntarily obstructing a public servant in discharge of public functions. Section 188 IPC dealt with disobedience to an order duly promulgated by a public servant. Section 189 specifically addressed threats of injury intended to influence a public servant's exercise of public functions.
Section 190 IPC separately dealt with a threat of injury intended to induce a person to refrain from applying for protection against injury to a public servant legally empowered to provide that protection or cause it to be provided.
Pre-BNS Legal Position
Section 189 formed part of Chapter X of the Indian Penal Code concerning contempts of the lawful authority of public servants. This page describes the IPC legal position before commencement of the Bharatiya Nyaya Sanhita, 2023. For conduct or proceedings spanning the change in criminal laws, the applicable saving and transitional provisions should be examined separately.
Legal information: This article provides general statutory information and does not substitute for legal advice concerning a particular alleged threat or proceeding.