What is Section 189 IPC? Threat of injury to public servant
Published on: Lawiz Team
Learn about Section 189 IPC: Threat of injury to public servant
Official Legal Text
Whoever holds out any threat of injury to any public servant or to any person in whom he believes that public servant to be 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 his public functions, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 189 punishes anyone who threatens to cause injury to a public servant to deter them from performing their duty.
Purpose
To protect public servants from being threatened or intimidated while performing their duties.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 2 years, or fine, or both.
Key Elements
The person must make a threat of injury to a public servant, with the intention of deterring them from performing their duty.
Punishment Details
Imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Legal Defenses
If the person can prove the threat was not intended to influence the public servant's duty.
Judicial Interpretation
Courts focus on whether the threat was made with the intent to deter the public servant.
Illustration
If a person threatens a police officer to stop them from investigating a case, they can be punished under Section 189.
FAQs
What does Section 189 IPC define?
Threat of injury to public servant.
Where is Section 189 IPC applicable?
It applies to false evidence, obstruction of justice, and non-cooperation with public authorities.
Why is Section 189 IPC important?
It ensures the integrity of judicial and administrative processes by punishing falsehood and obstruction.
Give an example involving Section 189 IPC.
Examples include giving false statements under oath or preventing summons service.
What punishment is applicable under Section 189 IPC?
Punishment ranges from fines to several years of imprisonment based on offence severity.
Is Section 189 IPC linked to other IPC laws?
Yes, especially with laws governing evidence, court proceedings, and public duties.
How have courts interpreted Section 189 IPC?
Courts stress strict adherence to truth and severe penalties for falsehoods and obstruction.