सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 222

Omission to assist public servant when bound by law to give assistance

Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance,—

(a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two thousand and five hundred rupees, or with both;

(b) and where such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court or of preventing the commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

Why this exists

Colonial-era law (originally IPC Section 187) recognised that public servants — especially police and magistrates — often cannot enforce the law alone and may need ordinary citizens' help, for example to catch a fleeing suspect or control a riot. Many other laws (like the Code of Criminal Procedure/Bharatiya Nagarik Suraksha Sanhita) impose a legal duty on citizens to assist when called upon. This provision backs up those duties with a criminal penalty for intentional refusal, ensuring public order and law enforcement are not undermined by non-cooperation.

Common misconceptions
  • Myth: Anyone who doesn't help a police officer can be punished under this law.
    Fact: The law only applies if you are already legally bound by some other law to give that assistance — not to everyone in general.
  • Myth: Refusing help by mistake or out of fear is a crime.
    Fact: The section requires the omission to be intentional; accidental or unavoidable failure to help does not qualify.
  • Myth: Only police officers can invoke this provision.
    Fact: It applies to any public servant acting in the execution of a public duty, not just police.
BNS Section 222 — Omission to assist public servant when bound by law to give assistance · Samvidhan