Section 121: Voluntarily Causing Hurt or Grievous Hurt to Deter Public Servant

Bharatiya Nyaya Sanhita • Chapter VI: Of Offences Affecting the Human Body • Official Statutory Text & Legal Guide

Chapter VI: Of Offences Affecting the Human Body
Magistrate 1st Class / Court of Session
Non-Bailable
Cognizable
Formerly Sec 332, 333 IPC

Legal Commentary & Landmark Judgments: Section 121

Section 121 penalizes voluntarily causing hurt or grievous hurt to deter a public servant from the discharge of his duty, prescribing imprisonment up to five years for hurt, and imprisonment of not less than one year extending up to ten years for grievous hurt.

  • Public Servant Duty: The victim must be a public servant acting in the lawful discharge of their official duty.
  • Deterrence Intent: The hurt is inflicted with intent to prevent or deter the public servant from discharging their official functions.
  • Severe Penal Enhancement: Grievous hurt under sub-section (2) carries a mandatory minimum sentence of one year extending up to ten years, and fine.
Key Landmark Precedents:
  • D.K. Lakshmikantha v. State of Karnataka (1999) 4 SCC 348: The Supreme Court affirmed that under Section 332/333 IPC (Section 121 BNS), the prosecution must prove that the public servant was engaged in the lawful discharge of duty at the time of the assault.
  • State of M.P. v. Kedar (2010) 13 SCC 509: Affirmed that assaulting traffic police or revenue officials executing lawful orders warrants strict deterrent punishment.
Courtroom Practice & Strategic Litigation Guidance:

In defending citizens charged with assaulting police or municipal demolition squads, cross-examine on the legality of the official action: if the officer was acting without jurisdiction, off-duty, or committing an illegal assault, Section 121 BNS cannot be sustained.