Section 228 IPC: Intentional Insult or Interruption to Public Servant Sitting in Judicial Proceeding
Section 228 of the Indian Penal Code, 1860 dealt with intentional insult or interruption to a public servant while that public servant was sitting at any stage of a judicial proceeding. This article explains the provision as it stood immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024.
What did Section 228 IPC provide?
Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Meaning and essential ingredients of Section 228 IPC
For Section 228 IPC to apply, the conduct had to satisfy the elements stated in the provision. The section was directed at preserving the orderly conduct and authority of judicial proceedings, rather than at every disagreement or criticism involving a public servant.
- Intentional conduct: the insult had to be intentionally offered, or the interruption intentionally caused.
- Insult or interruption: the conduct had to amount to an insult to, or an interruption of, the concerned public servant.
- Public servant: the person affected had to be a public servant for the purpose of the IPC.
- Judicial proceeding: the public servant had to be sitting in some stage of a judicial proceeding when the conduct occurred.
What is a judicial proceeding?
Section 2(i) of the Code of Criminal Procedure, 1973 defined a "judicial proceeding" as including any proceeding in the course of which evidence is or may be legally taken on oath. The expression therefore concerns the judicial character of the proceeding and is relevant to deciding whether Section 228 IPC is attracted.
Punishment under Section 228 IPC
| Particular | Position under Section 228 IPC |
|---|---|
| Imprisonment | Simple imprisonment up to six months |
| Fine | Up to Rs. 1,000 |
| Alternative | Both imprisonment and fine could be imposed |
| General classification | Non-cognizable and bailable under the First Schedule to the CrPC |
| Compounding | Non-compoundable |
Special procedure under Section 345 CrPC
Where an offence described in Section 228 IPC was committed in the view or presence of a Civil, Criminal or Revenue Court, Section 345 CrPC provided a special summary procedure. The Court could detain the offender, take cognizance before rising on the same day, give the person a reasonable opportunity to show cause, and impose the limited punishment permitted by Section 345.
For an offence under Section 228 IPC, the record was specifically required to show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting and the nature of the interruption or insult.
When the Court did not use the summary procedure
Section 346 CrPC applied where the Court considered that the matter should not be disposed of under Section 345, including where a more serious punishment appeared appropriate. After recording the relevant facts and the statement of the accused, the Court could forward the case to a Magistrate having jurisdiction.
Section 228 IPC and contempt of court
Section 228 IPC was a specific statutory offence concerning intentional insult or interruption to a public servant sitting in a judicial proceeding. It should not be treated as synonymous with every form of contempt of court. Whether particular conduct attracted Section 228 depended on the ingredients of that provision and the applicable procedural law.
Practical legal point
Mere discourtesy, disagreement, criticism or an accidental disturbance did not automatically satisfy the wording of Section 228. The statutory requirement of intentional insult or intentional interruption, together with the setting of a judicial proceeding, had to be considered on the facts of the particular case.
Position after 1 July 2024
The Indian Penal Code, 1860 was replaced prospectively by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. This page is intentionally focused on the IPC and CrPC position before that change, as relevant to matters governed by the earlier criminal law.
Disclaimer: This article provides general legal information and is not a substitute for advice on the facts of an individual case.