222. 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.
BNS Section 222: Omission to assist public servant when bound by law to give assistance
Section 222 of the Bharatiya Nyaya Sanhita, 2023 deals with omission to assist public servant when bound by law to give assistance. It replaces IPC 187 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 222(a) is non-cognizable and bailable; 222(b) is non-cognizable and bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 222(a) | Omission to assist public servant when bound by law to give such assistance. | Simple imprisonment for 1 month, or fine of 2,500 rupees, or both. | Non-cognizable | Bailable | Any Magistrate |
| 222(b) | Wilfully neglecting to aid a public servant who demands aid in the execution of process, the prevention of offences, etc. | Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable | Bailable | Any Magistrate |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 222
IPC sections replaced
- IPC 187: Omission to assist public servant when bound by law to give assistance
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