IPC 189 vs BNS 189
● Retained in BNSThreatening to prevent lawful act by public servant
Section 189 of the Indian Penal Code, 1860, deals with the offence of threatening any person to prevent a public servant from performing a lawful act. This provision ensures that officials can execute their duties without fear of intimidation.
Key points of IPC 189:
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Applies when a person threatens or intimidates someone to stop a public servant from performing lawful duties.
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Covers verbal, written, or symbolic threats.
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Punishment: imprisonment up to 6 months, or fine, or both.
For example, threatening a municipal officer not to conduct a health inspection or a police officer not to file a report falls under IPC 189.
This section safeguards public administration and rule of law, ensuring officials can carry out duties without external interference.
Threatening to prevent lawful act by public servant
Section 189 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 189. It penalizes persons who threaten others to prevent public servants from performing lawful acts, reinforcing accountability and administrative authority.
Key points of BNS 189:
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Covers threats aimed at deterring lawful action by officials.
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Punishment: up to 6 months imprisonment, or fine, or both.
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Ensures public servants can perform duties independently and lawfully.
For instance, threatening a tax officer to avoid inspection or assessment can be prosecuted under BNS 189.
This provision strengthens administrative integrity and public trust, preventing coercion or intimidation of officials performing lawful duties.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 189 to BNS BNS 189.