Section 222 of the Bharatiya Nyaya Sanhita (BNS) addresses the legal obligation of individuals to assist public servants in the execution of their duties. This section is a replacement for Section 187 of the Indian Penal Code (IPC), which similarly dealt with the omission to assist public servants.
Key Provisions
- Obligation to Assist:
- The section stipulates that any person who is legally bound to assist a public servant in performing their official duties and intentionally fails to do so is subject to legal penalties.
- Penalties:
- General Omission:
- If a person omits to provide assistance, they may face:
- Simple imprisonment for up to one month, or
- A fine not exceeding ₹2,500, or
- Both penalties.
- If a person omits to provide assistance, they may face:
- Specific Demands by Public Servants:
- If the omission occurs when a public servant, legally authorized to make such demands, requests assistance for specific purposes—such as executing a court order, preventing a crime, suppressing a riot, or apprehending an offender—the penalties increase:
- Simple imprisonment for up to six months, or
- A fine not exceeding ₹5,000, or
- Both penalties.
- If the omission occurs when a public servant, legally authorized to make such demands, requests assistance for specific purposes—such as executing a court order, preventing a crime, suppressing a riot, or apprehending an offender—the penalties increase:
- General Omission:
Context and Implications
The introduction of Section 222 in the BNS signifies a legislative effort to enforce accountability among citizens regarding their duty to support law enforcement and public safety measures. By outlining clear penalties for non-compliance, the law aims to deter individuals from neglecting their responsibilities when called upon by authorities.
This section reflects a broader legal framework that seeks to enhance cooperation between the public and law enforcement agencies, thereby fostering a more supportive environment for maintaining public order and safety.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
