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Section 132: Assault or Criminal Force to Deter Public Servant from Discharge of Duty

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

Chapter VI: Of Offences Affecting the Human Body
Any Magistrate
Non-Bailable
Cognizable
Formerly Sec 353 IPC
Section 131 All 358 Sections of Bharatiya Nyaya Sanhita Section 133

Legal Commentary & Landmark Judgments: Section 132

Section 132 penalizes assault or criminal force to deter a public servant from the discharge of his duty, prescribing imprisonment of either description for a term which may extend to two years, or fine, or both.

  • Public Servant Protection: The victim must be a public servant acting in the execution of their official duty.
  • Deterrence Intent: Assault committed with intent to prevent or deter the public servant from discharging duty, or in consequence of anything done in lawful discharge.
  • Non-Bailable Offence: Aggravated assault provision safeguarding tax inspectors, police officers, and civil process servers (formerly Section 353 IPC).
Key Landmark Precedents:
  • D.K. Lakshmikantha v. State of Karnataka (1999) 4 SCC 348: The Supreme Court held that under Section 353 IPC (Section 132 BNS), the prosecution must prove that the public servant was acting in lawful discharge of their official functions; if the public servant's action was illegal or unauthorized, the charge collapses.
  • Manik Taneja v. State of Karnataka (2015) 7 SCC 723: Held that posting critical comments on a traffic police Facebook page does not constitute assault or criminal force under Section 353; physical assault is required.
Courtroom Practice & Strategic Litigation Guidance:

In defending against Section 132 BNS FIRs, examine the official gazette and search warrants: if the public servant had no search warrant or acted outside official working hours without authorization, they were not 'in the lawful discharge of duty', securing acquittal.

Section 131 All 358 Sections of Bharatiya Nyaya Sanhita Section 133