Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 222: Omission to Assist Public Servant When Bound by Law to Give Assistance
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, shall be punished as follows:
- (a) 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) where such assistance is demanded by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court, preventing the commission of an offence, suppressing a riot or affray, or apprehending a person charged with or guilty of an offence, or having escaped from lawful custody, 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.
Brief Detail
BNS Section 222 addresses the obligation of individuals to assist public servants in the execution of their duties. This section highlights the legal responsibility to provide assistance when required by law, particularly in critical situations.
Question & Answers
Q1: What does BNS Section 222 penalize?
A1: BNS Section 222 penalizes the intentional omission to assist a public servant when legally required to do so in the execution of their public duty.
Q2: What are the penalties for failing to assist a public servant under this section?
A2: The penalties include simple imprisonment for up to one month or a fine of up to two thousand and five hundred rupees for general omissions, and up to six months of imprisonment or a fine of up to five thousand rupees when the assistance is demanded for executing lawful processes or preventing crimes.
Q3: Can you provide an example of this offense?
A3: Yes, for instance, if a police officer requests assistance to disperse a violent crowd and an individual deliberately refuses to help, that individual may be prosecuted under this section.
Example
Example Scenario:
If a public servant requires assistance to apprehend a suspect and a citizen, knowing their legal obligation to assist, chooses to ignore the request intentionally, they may be guilty under Section 222 for omitting to provide the necessary help.
Summary
BNS Section 222 establishes penalties for those who intentionally fail to assist public servants when legally required, with potential imprisonment and fines based on the severity of the omission.
