BNS Sections that provide Protection to Government Employees (Public Servants), Bank Employees, PSU Staff

Bharatiya Nyaya Sanhita (BNS): Incidents of violent attacks on public servants are becoming alarmingly frequent. Every day, news highlights cases where government officials are threatened, abused, or physically attacked while performing their duties. Recently, in Rajasthan, a local leader slapped a Sub-Divisional Magistrate (SDM), showcasing the audacity of such assaults on public servants. Prior to this, another local leader reportedly slapped a bank manager, highlighting the vulnerability of even financial professionals who are public servants.

Such incidents raise an important question: What legal safeguards are in place to protect government employees from such attacks? Here, we explore the key acts, sections, and provisions under the law that ensure the protection of public servants from harm, threats, and interference.

Bharatiya Nyaya Sanhita (BNS) Sections that Provide Protection to Government Employees (Public Servants), Bank Employees, PSU Staff

BNS Section	Description
121	Voluntarily causing hurt to deter a public servant from their duty
132	Assault or criminal force to deter a public servant from discharging their duty
219	Obstructing the sale of property offered by authority of a public servant for sale
221	Obstructing a public servant in discharge of public functions, interrupting government work by insult or misbehavior
224	Threat of injury to a public servant
204	Personating a public servant
220	Illegal purchase or bid for property offered for sale by authority of a public servant

The Bharatiya Nyaya Sanhita (BNS) is the official criminal code in India. It came into effect on 1 July, 2024 after being passed by the parliament in December 2023 to replace the Indian Penal Code (IPC). If any government employee is subjected to an attack or if a bank employee’s work is disrupted or hindered by any individual, the concerned employee has the right to take legal action under the relevant BNS sections. These provisions are designed to protect public servants and ensure they can perform their duties without interference, threats, or harm.

Acts and Legal Provisions Protecting Public Servants

The following laws provide robust legal support to government employees in the face of assaults or disruptions:

1. BNS Section 121 – Voluntarily Causing Hurt to Deter a Public Servant from Duty

• This section penalizes individuals who intentionally harm a public servant to obstruct or deter them from carrying out their lawful duties.
• Punishment: Imprisonment, fine, or both, depending on the severity of the attack.

2. BNS Section 132 – Assault or Criminal Force to Deter a Public Servant from Duty

• This section applies when someone uses physical force or assaults a public servant to stop them from discharging their duties.
• Punishment: Strict imprisonment and fines are levied based on the nature of the offense.

3. BNS Section 219 – Obstructing Sale of Property by a Public Authority

• Individuals interfering with the lawful sale of property authorized by a public servant face action under this section.

4. BNS Section 221 – Obstructing Public Functions and Interrupting Government Work

• This section penalizes any actions that hinder a public servant in the performance of their duties, including insulting or misbehaving to disrupt governmental functions.

5. BNS Section 224 – Threat of Injury to Public Servants

• This provision deals with cases where a person threatens to harm a public servant in retaliation for performing their duties or as a means of coercion.

6. BNS Section 204 – Personating a Public Servant

• Impersonating a public servant with the intent to deceive or harm undermines the authority of actual public servants and is punishable under this section.

7. BNS Section 220 – Illegal Purchase or Bidding of Public Property

• This section applies when someone illegally purchases or bids for public property under a process overseen by a public servant.

Importance of Legal Protections

These legal provisions serve multiple purposes:

• Ensure Public Order: They maintain discipline by discouraging assaults or interference with public officials.
• Safeguard Dignity and Authority: Public servants represent the government, and protecting them ensures respect for governance.
• Promote Efficient Functioning: Without fear of harm or disruption, officials can focus on their responsibilities.
• Hold Offenders Accountable: These laws ensure strict consequences for those who violate the sanctity of public service.

Challenges in Implementation

Despite these legal safeguards, challenges remain:

• Underreporting of Incidents: Many public servants choose not to file complaints due to fear of retaliation or lack of support.
• Delays in Justice: Legal proceedings often take time, which can discourage victims from pursuing action.
• Inadequate Awareness: Many public servants are unaware of the protections available to them.

Call to Action

To address the increasing violence against public servants, there is a need for:

1. Stronger Enforcement: Ensure swift and strict action against offenders.
2. Awareness Programs: Educate public servants about their rights and protections.
3. Support Systems: Establish helplines and legal aid for employees facing threats or violence.

Government employees are the backbone of the nation’s administrative machinery. Ensuring their safety and dignity is paramount to maintaining public trust and ensuring seamless governance. The laws are in place; what is needed is their stringent enforcement and widespread awareness.