121. (1) Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. (2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine.
BNS Section 121: Voluntarily causing hurt or grievous hurt to deter public servant from his duty
Section 121 of the Bharatiya Nyaya Sanhita, 2023 deals with voluntarily causing hurt or grievous hurt to deter public servant from his duty. It replaces IPC 332, IPC 333 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 121(1) is cognizable and non-bailable; 121(2) is cognizable and non-bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 121(1) | Voluntarily causing hurt to deter public servant from his duty. | Imprisonment for 5 years, or fine, or both. | Cognizable | Non-bailable | Magistrate of the first class |
| 121(2) | Voluntarily causing grievous hurt to deter public servant from his duty. | Imprisonment not less than 1 year, or imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 121
IPC sections replaced
- IPC 332: Voluntarily causing hurt to deter public servant from his duty
- IPC 333: Voluntarily causing grievous hurt to deter public servant from his duty → BNS 121(2)
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