Voluntarily Causing Hurt to Deter Public Servant from his Duty - IPC Section 332
There are so many offences in the Indian penal code, 1860, and punishment for the infringement of laws is given under IPC. Every individual is guaranteed certain rights guaranteed under the constitution of India and punishment for the infringement of those rights is given under IPC,1860. Chapter XVI of the Indian penal code deals with the offences harming the human body by causing hurt or grievous hurt. Section 319 to 335 provisions deals with hurt. In this article, we will discuss section 332, Overview, whether it is bailable, cognizable, etc., Consult the best lawyer online Section 332: “Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.” It talks about voluntarily causing hurt to deter a public servant from his duty. The section states that when any person causes voluntary damage or harm to a public servant at the time of his duty and has the intention of preventing the public servant is not performing the function. The hurt caused under section 332 is the same as discussed in section 319 of IPC, 1860 like slapping, punching, etc, which caused the public servant:- Injury or harm to the body, Disease or disorder caused by a person. For example- If A is a public servant and B is any person and B wants some information regarding the application or something if A doesn't have the knowledge and refuses to do so. Then B causes hurt to A, under this situation B can be charged under section 332 of IPC, 1860. If a public servant comes to arrest and the person slaps in return or can cause discomfort then the person will be charged under section 332 of IPC, 1860. Because the public servant is performing the role of his duty. The essential ingredients of section 332 are:- Voluntarily with free consent causing hurt or grievous hurt to a public servant in his duty. The hurt should be caused. Acting in public servant duty Stopping the public servant in stopping to do the act. It is done intentionally to cause discharge of his function will be the consequence. Nature of the Offence: Offences under this section are cognizable in nature which means without any warrant accused can be arrested. In these types of cases, the police constable has the power to arrest any person infringing the right without any warrant from the court. These offences are non-bailable which means granting bail is not a matter of right, for getting bail the person needs to go to the court where it will be at the option of the court to grant bail or not. These offences are non-compoundable offences, which means the victim is not ready to compromise and drop the charges against the offender. IPC 332 can be tried in the court of Magistrate of First Class by the trial court- Court of a session. The concerned ministry will be the ministry of home affairs and the department is the department of internal security.
What is the Punishment for IPC 332 Case?
The commitment of offence under this section leads to imprisonment for three years or fine or both.
What is the process to file/defend your case for offence under section 332 of IPC?
As discussed above it is a cognizable case, the victim needs to approach local police and file an FIR.
As it is a cognizable offence the police will arrest the offender if they found any evidence. And if there is no evidence the case will not proceed further.
After that, the charge sheet will be filed and every evidence gathered will be recorded.
After that the case will be heard in court from both the sides, a lawyer will be appointed and then the judgment will be pronounced.
Or else for more convenience E- FIR can be filed since Section 295 is a cognizable offence. Steps for filing E - FIR is as follows -
Visit the locally or concerned police's official website
On opening the website, click on the services option.
Once the services option has clicked a drop-down menu will appear and you have to click the nature of your case.
Once the category is selected, a new page is opened and now you have to provide the following information - a. Complainant name b. Mother or father name of complainant c. Complainant email ID d. Date of incident e. Place of incident f. Time of incident g. Complainant phone number h. Any other relevant description of the case.
Lastly, after submission, you have to enter the captcha code on the form for confirmation.
Note - Before submission all the details should be rechecked and ensure that the email id is correct as the FIR for future reference will be sent to this mail ID.
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After the FIR the police may conduct an investigation and if there is any substantive evidence the accused can be arrested by the police without any warrant since it is a cognizable offence. And to the contrary, if no evidence is produced the matter is not proceeded with.
If any substantial evidence is found a charge sheet is prepared by the police. After completion of the charge sheet, the matter is pursued as a trial in the court with the prosecution establishing the ingredients of section 332 and if successfully done then the accused may be imposed with imprisonment up to 2 years or fine or both depending upon the discretion of the court.
Why Lawtendo and how they can Help?
Through Lawtendo you can connect to an appropriate lawyer for filing or defending your case for the offence under section 332 of IPC. We, at Lawtendo provide around 15000+ lawyers all over the country on our online platform. Lawtendo strives to facilitate legal services that are based on low cost and quality legal service. Further, the lawyer will draft a petition for bail or for defending the accused in the trial, or on behalf of the victim can file a petition for proving the essentials of section 332 is violated.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Voluntarily Causing Hurt to Deter Public Servant from his Duty | Imprisonment, up to 3 years or fine or both | Cognizable | Non-Bailable | Any Magistrate |
| Offence | Voluntarily Causing Hurt to Deter Public Servant from his Duty |
|---|---|
| Punishment | Imprisonment, up to 3 years or fine or both |
| Cognizance | Cognizable |
| Bail | Non-Bailable |
| Triable By | Any Magistrate |
