IPC Section 190 and BNS Section 225: Threats to Stop a Person Seeking Legal Protection

Threatening someone to prevent them from applying to an authorised public servant for protection against injury is a criminal offence. This article explains the former Section 190 of the Indian Penal Code, 1860 (IPC), the corresponding Section 225 of the Bharatiya Nyaya Sanhita, 2023 (BNS), its essential ingredients, punishment, examples and procedural classification.

Current law: Section 225 of the BNS governs this offence under the criminal law framework in force from 1 July 2024. Section 190 IPC remains relevant to conduct occurring under the earlier law, subject to repeal, savings and transitional provisions. The maximum punishment remains one year of imprisonment, or fine, or both.

What does BNS Section 225 prohibit?

BNS Section 225, titled Threat of injury to induce person to refrain from applying for protection to public servant, punishes a person who holds out a threat of injury to another person for the purpose of inducing that person to refrain or desist from making a lawful application for protection against injury to a public servant legally empowered to provide or arrange such protection.

The former IPC Section 190 contained the same substantive rule: a person must not use threats to deter another from legally seeking the protection of a competent public servant. The provision safeguards access to lawful protection, not merely the public servant personally.

Meaning of important expressions

Threat of injury: A communicated threat of harm. The nature of the alleged injury, the context and the purpose of the communication matter. The legal meaning of injury must be read with the definitions applicable under the BNS.

Legal application for protection: A lawful request to an official empowered to give, or arrange, protection against injury. The law is not limited to a particular format of application.

Public servant legally empowered: An officer or other public servant who has legal authority to provide or cause protection to be provided. The authority depends on the applicable law and circumstances.

Essential ingredients of BNS Section 225

A threat: The accused holds out a threat of injury to a person.
Specific purpose: The threat is made to induce the person not to make, or to discontinue, a legal application for protection.
Protection against injury: The intended application concerns protection against injury.
Competent public servant: The application would be to a public servant legally empowered to give or arrange such protection.

The prosecution must establish the required purpose from the evidence. A disagreement, criticism or ordinary warning does not automatically amount to this offence merely because a public servant is mentioned.

Punishment under IPC Section 190 and BNS Section 225

Provision	Maximum imprisonment	Fine
IPC Section 190 (earlier law)	One year, imprisonment of either description	Fine, or both imprisonment and fine
BNS Section 225 (current law)	One year, imprisonment of either description	Fine, or both imprisonment and fine

Imprisonment of either description means simple or rigorous imprisonment. Neither provision specifies a fixed maximum amount of fine in its text; general sentencing provisions and the circumstances of the case remain relevant.

Is the offence cognizable or bailable?

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) classifies BNS Section 225 as non-cognizable, bailable and triable by any Magistrate. In a non-cognizable case, police investigation generally requires a Magistrate's order under the BNSS. Other offences alleged in the same case can affect the applicable procedure.

Practical illustrations

Example 1 - Threat to prevent a police complaint: A person threatens to injure a neighbour unless the neighbour abandons an intended lawful application to a police officer for protection against violence. If the required purpose and other elements are proved, BNS Section 225 may apply.

Example 2 - Threat to withdraw a protection request: After learning that a victim intends to approach a competent authority for protection, a person threatens the victim with harm to stop the request. Liability depends on the facts and proof of the statutory elements.

Example 3 - Ordinary disagreement: A person disputes the merits of another person's complaint without threatening injury or trying to deter a lawful protection application. Such disagreement, by itself, does not establish Section 225.

Procedure, evidence and legal safeguards

Evidence may include threatening messages, calls, witness accounts, recordings obtained lawfully, a draft or filed protection application, and proof that the relevant public servant was legally empowered to grant or arrange protection. A court assesses the words, surrounding circumstances and the purpose attributed to the accused.

A threatened person can seek immediate assistance from the police or other competent authorities where appropriate. Where there is imminent danger, emergency assistance should be sought without delay. The criminal allegation does not replace any available civil, protective or other statutory remedy.

Distinction from BNS Section 224: Section 224 addresses threats intended to induce a public servant to act, refrain or delay in official duties. Section 225 addresses threats aimed at stopping another person from seeking lawful protection from a public servant. Depending on the facts, other provisions concerning criminal intimidation may also require consideration.

Frequently asked questions

What is the BNS equivalent of IPC Section 190?

Section 225 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 190.

What is the punishment under BNS Section 225?

Imprisonment of either description for up to one year, or a fine, or both. The section does not prescribe a fixed maximum fine.

Is BNS Section 225 bailable?

Yes. It is non-cognizable, bailable and triable by any Magistrate under the BNSS First Schedule.

Must the threatened person actually abandon the application?

The statutory focus is on a threat made for the purpose of inducing a person not to make a lawful application for protection. The precise facts and evidence determine liability.

How is Section 225 different from Section 224?

Section 225 concerns threats to deter a person from seeking lawful protection from a public servant. Section 224 concerns threats intended to influence a public servant in performing official functions.

Official legislation and further reading

This article provides general legal information and is not legal advice for a particular dispute or criminal case.