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BailableCognizable: Non-CognizableAny Magistrate
Reform Highlights
1
Renumbered from IPC 189 to BNS 228.
2
2-year maximum and non-cognizable status preserved.
3
Must be connected to exercise of official public functions — not personal threats.
THE STATUTE
The Clause
Whoever holds out any threat of injury to any public servant, or to any person in whom that public servant is interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description which may extend to two years, or with fine, or with both.
Legal Commentary
Section 228 protects public servants from intimidation designed to interfere with their official functions. This provision is distinct from the general criminal intimidation provisions (Section 351) in two ways: first, the victim must be a public servant; second, the threat must be specifically aimed at influencing the exercise of their official functions — inducing them to act, refrain from acting, or delay an official act. Threatening a police officer to drop a case, threatening a judge to rule in a party's favour, threatening a government inspector to overlook violations — all are within this provision. The 'non-cognizable' status means police require a magistrate's order to investigate, reflecting that such disputes often require judicial oversight. However, where the threat rises to the level of actual criminal intimidation under Section 351, the more serious provision applies.
Case Simulations
"Threatening a building inspector to overlook safety violations — Section 228."
"Warning a police officer that their family will be harmed if they proceed with an arrest — Section 228."
Expert Insights
Yes — threatening a public servant to influence their official action (dropping a case) is precisely what Section 228 targets. It carries up to 2 years imprisonment.