IPC Section 190 - Threat of Injury to Induce Person to Refrain from Applying for Protection to Public Servant

Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to a public servant legally empowered to give such protection, or to cause such application to be opposed or defeated, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

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Bailable, Non-cognizable

Official Text

“Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to a public servant legally empowered to give such protection, or to cause such application to be opposed or defeated, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.”

Legal Analysis

Elements to Prove:

  • The accused held out a threat of injury.
  • The threat was to any person.
  • The purpose was to prevent legal application for protection.
  • The protection was against injury to a public servant.

Potential Defenses:

  • No threat was made.
  • The purpose was not to prevent legal action.
  • The protection was not against public servant injury.
  • The accused had a legitimate purpose.

Practical Examples

What Constitutes the Offense:

A person threatening a witness to prevent them from filing a complaint, or threatening someone to drop legal proceedings.

What Doesn't Constitute:

A person advising against legal action, or expressing concerns about consequences.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court held that this section applies to threatening persons to prevent them from seeking legal protection.

Punishment

Imprisonment for up to 1 year, or Fine, or both

Related Information

Connected Sections:

This section deals with preventing legal protection. It is often charged alongside other intimidation offenses.

Procedural Aspects:

No government sanction is required. The case is triable by any Magistrate.

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