Section 221 BNS: Obstructing Public Servant in Discharge of Public Functions

Section 221 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who voluntarily obstructs a public servant while that public servant is discharging public functions. The provision is part of the BNS framework dealing with conduct affecting the lawful functioning of public authorities.

Text of Section 221 of the Bharatiya Nyaya Sanhita, 2023

Section 221 BNS at a Glance

Meaning and Essential Ingredients of Section 221 BNS

For Section 221 to apply, the conduct must amount to a voluntary obstruction of a person who is a public servant, and the obstruction must occur while that public servant is discharging public functions. The language of the section therefore focuses on the nature of the obstruction, the status of the person obstructed and the connection between the obstruction and the performance of public duties.

1. There must be a public servant

The expression public servant is defined in Section 2(28) of the BNS. The statutory definition covers several categories of persons performing public or governmental functions, including commissioned officers of the Armed Forces, Judges and other categories specified in that clause.

2. The public servant must be discharging public functions

The obstruction must relate to the discharge of public functions. The provision is not directed at every disagreement or interaction with a public servant; the conduct must interfere with the performance of the public function referred to in Section 221.

3. The obstruction must be voluntary

The word voluntarily is significant. The prosecution must establish conduct that satisfies the statutory requirement of voluntary obstruction rather than a purely accidental or unintended interference.

4. Punishment under Section 221

On conviction, the court may impose imprisonment of either description for a term extending up to three months, a fine extending up to Rs. 2,500, or both.

Why Section 221 BNS Matters

Section 221 protects the lawful performance of public functions from voluntary obstruction. At the same time, whether particular conduct constitutes an offence depends on the facts of the case and on proof of the ingredients stated in the provision. Mere presence, disagreement or criticism does not automatically establish the offence unless the statutory requirements are satisfied.

Related BNS Provisions

The following provisions appear immediately after Section 221 and deal with related conduct concerning public servants and public authority:

• Section 222 - Omission to assist public servant when bound by law to give assistance
• Section 223 - Disobedience to order duly promulgated by public servant
• Section 224 - Threat of injury to public servant
• Section 225 - Threat of injury to induce a person to refrain from applying for protection to public servant
• Section 226 - Attempt to commit suicide to compel or restrain exercise of lawful power

Frequently Asked Questions

What is Section 221 BNS?

Section 221 BNS deals with voluntarily obstructing a public servant in the discharge of public functions.

What is the maximum punishment under Section 221 BNS?

The maximum imprisonment is three months. The maximum fine is Rs. 2,500. The court may impose imprisonment, fine, or both.

When did the Bharatiya Nyaya Sanhita come into force?

The BNS came into force on July 1, 2024, subject to the notified exception concerning Section 106(2).

Where is "public servant" defined in the BNS?

The expression "public servant" is defined in Section 2(28) of the Bharatiya Nyaya Sanhita, 2023.