Voluntarily causing hurt or grievous hurt to deter public servant from his duty
(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.
Key Points:
Voluntary Causing of Hurt:
This section applies when an individual intentionally inflicts bodily harm on a public servant who is carrying out official duties. The purpose may either be to stop or prevent the public servant from performing their duties, or as retaliation for any lawful act the public servant has done or attempted to do.
The term "hurt" refers to causing bodily pain, injury, or any form of harm that doesn't amount to grievous hurt. The punishment for such acts can be imprisonment for up to 5 years, a fine, or both.
Voluntary Causing of Grievous Hurt:
Grievous hurt refers to more serious injuries (as defined in Section 114 BNS) such as permanent disfigurement or any injury that threatens life or causes severe physical pain.
When grievous hurt is inflicted on a public servant in relation to their official duties, the law imposes stricter penalties, including a minimum sentence of 1 year and a maximum of 10 years, in addition to a possible fine.
Public Servant:
A public servant includes any person who is employed by the government or any public body in an official capacity. This section specifically provides protection to them while they are performing their lawful duties.
Intent to Deter or Retaliate:
The section covers acts done with the intention to deter or prevent a public servant from performing their duties, or to retaliate against the public servant for an action taken in the course of their duties.
This provision is essential for protecting public servants from violence, intimidation, or coercion while discharging their official responsibilities.
Offence : Voluntarily causing hurt to deter public servant from his duty.
Punishment : Imprisonment for 5 years, or fine, or both.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Magistrate of the first class.
Offence : Voluntarily causing grievous hurt to deter public servant from his duty.
Punishment : Imprisonment not less than 1 year, or imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Court of Session.
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