BNS Section 143 - Assault or Criminal Force to Deter Public Servant
Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant.
Non-bailable, Cognizable
Official Text
“Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant.”
Legal Analysis
Elements to Prove:
- Assault or criminal force.
- Against public servant.
- In execution of duty or to prevent duty.
Potential Defenses:
- Self-defense.
- Excessive force by public servant.
- No intent to prevent duty.
Practical Examples
What Constitutes the Offense:
Attacking police officers, resisting arrest, preventing public servants from working.
What Doesn't Constitute:
Self-defense, lawful resistance, or emergency situations.
Punishment
Imprisonment up to 2 years, or Fine, or both