Section 222 BNS: Omission to Assist Public Servant When Bound by Law to Give Assistance
Section 222 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with intentional failure to provide assistance to a public servant where a person is legally bound to render or furnish that assistance. The section provides a general punishment and a higher punishment for specified situations in which assistance is lawfully demanded by a competent public servant.
Current law: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Its provisions came into force on July 1, 2024, except the specified provision in Section 106(2).
Text of Section 222 of the Bharatiya Nyaya Sanhita, 2023
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.
Section 222 BNS at a Glance
| Provision | Section 222, Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| General offence | Intentional omission to assist a public servant when legally bound to give assistance |
| Section 222(a) punishment | Simple imprisonment up to one month, fine up to Rs. 2,500, or both |
| Section 222(b) punishment | Simple imprisonment up to six months, fine up to Rs. 5,000, or both |
| Cognizability | Non-cognizable under the First Schedule to the BNSS, 2023 |
| Bail | Bailable |
| Court | Triable by any Magistrate |
Essential Ingredients of Section 222 BNS
1. A legal duty to assist must exist
The section applies where the person is bound by law to render or furnish assistance. A mere moral expectation to help is not enough by itself. The obligation must arise from law.
2. The assistance must relate to execution of public duty
The assistance contemplated by Section 222 must be assistance to a public servant in the execution of public duty. The connection between the legal duty to assist and the public function is therefore an important element of the offence.
3. The omission must be intentional
The statutory language requires an intentional omission. Whether an omission was intentional is a factual question that must be assessed from the circumstances and evidence of the particular case.
4. Clause (b) applies to specified demands for assistance
Clause (b) provides the higher punishment where assistance is demanded by a public servant legally competent to make that demand for one of the purposes specifically listed in the section. These include execution of court process, prevention of an offence, suppression of a riot or affray, apprehension of a person charged with or guilty of an offence, or apprehension of a person who has escaped from lawful custody.
Difference Between Section 222(a) and Section 222(b)
| Section 222(a) | Applies to intentional omission to provide assistance where the person is legally bound to assist a public servant in execution of public duty. Maximum punishment: simple imprisonment for one month, fine of Rs. 2,500, or both. |
|---|---|
| Section 222(b) | Applies to the specified situations where assistance is demanded by a legally competent public servant for purposes expressly listed in the provision. Maximum punishment: simple imprisonment for six months, fine of Rs. 5,000, or both. |
Meaning of Public Servant Under the BNS
The expression public servant is defined in Section 2(28) of the Bharatiya Nyaya Sanhita, 2023. The definition covers the categories of persons specified in that provision, including several persons performing judicial, governmental and public functions.
Procedural Classification Under the BNSS
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies both Section 222(a) and Section 222(b) offences as non-cognizable and bailable. Both are triable by any Magistrate.
Practical point: Section 222 does not punish every refusal to help a public servant. The prosecution must establish the legal duty to assist, the relevant public duty, and the intentional omission required by the statutory provision. Clause (b) additionally requires the specified lawful demand and purpose.
Related BNS Provisions
- Section 221 - Obstructing public servant in discharge of public functions
- 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 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 222 BNS?
Section 222 BNS punishes intentional omission to assist a public servant when a person is legally bound to render or furnish such assistance.
What is the punishment under Section 222(a) BNS?
The punishment may extend to simple imprisonment for one month, fine up to Rs. 2,500, or both.
What is the punishment under Section 222(b) BNS?
The punishment may extend to simple imprisonment for six months, fine up to Rs. 5,000, or both.
Is Section 222 BNS bailable?
Yes. Both clauses (a) and (b) are classified as bailable in the First Schedule to the BNSS, 2023.
Is Section 222 BNS cognizable?
No. Both clauses are classified as non-cognizable under the First Schedule to the BNSS, 2023.
Which court can try an offence under Section 222 BNS?
The First Schedule to the BNSS states that offences under Section 222(a) and 222(b) are triable by any Magistrate.
Disclaimer: This article provides general legal information. The application of Section 222 depends on the facts, evidence and procedural law applicable to the individual case.