Assault or Criminal Force to a Public Servant Under the BNS (Section 132): IPC 353 Mapping (2026)
What assault or criminal force to a public servant means under Section 132 of the Bharatiya Nyaya Sanhita, 2023, which IPC section it replaces, the punishment, and whether it is cognizable and bailable. Last verified October 2026.
Explainer · BNS · Offences Against the State
When a person pushes, strikes, or uses force on a police officer, a revenue official, or any other public servant to stop them doing their duty, that is a specific offence, separate from ordinary assault. Since 1 July 2024 it has a new section number. The Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), and assault or criminal force to deter a public servant is now Section 132. This explainer sets out what Section 132 says, which old IPC section it replaces, the punishment, and whether the offence is cognizable and bailable. Last verified October 2026.
- New code: assault or criminal force to deter a public servant is Section 132 of the Bharatiya Nyaya Sanhita, 2023.
- Old code: it replaces Section 353 of the Indian Penal Code, 1860.
- Punishment: imprisonment up to 2 years, or fine, or both.
- Classification: cognizable, non-bailable, triable by any Magistrate.
- Research and tracking: Claw searches judgments and tracks cases under this section across 9,102 forums.
01The problem: a special offence, a new number
The law treats an attack on a public servant doing their duty as more than a private quarrel, because it is also an obstruction of public work. That is why there is a separate offence for it. The practical problem today is the number. For generations this was Section 353 of the Indian Penal Code, 1860. From 1 July 2024 it became Section 132 of the Bharatiya Nyaya Sanhita, 2023.
An FIR or charge sheet drawn today must cite Section 132. A search for older case law still needs Section 353, because those judgments were written under the old number. Anyone working on such a matter has to keep both numbers in view.
Assault on a public servant in the execution of duty is now Section 132 of the BNS. The old number, IPC 353, still finds the earlier judgments.
02What Section 132 says
Section 132 of the BNS is titled assault or criminal force to deter a public servant from discharge of his duty. It punishes a person who assaults or uses criminal force on a public servant in any of three situations:
- while the public servant is acting in the execution of their duty; or
- with the intent to prevent or deter the public servant from doing that duty; or
- because of anything the public servant has done, or attempted to do, in the lawful discharge of that duty.
Two ideas carry the section. First, the person affected must be a public servant, and the act complained of must relate to their public duty. Second, the duty in question must be lawful. Force used against a public servant who is acting outside the law may not attract this section, which is a common line of defence.
Assault and criminal force
The section covers both assault and criminal force. In broad terms, criminal force is the actual use of force on a person without consent, while assault is an act that makes the person fear that such force is about to be used. The BNS defines both terms elsewhere, and either can be enough for Section 132.
03The old-to-new mapping
The mapping is a direct, one-to-one carry over.
| New code (BNS, 2023) | Old code (IPC, 1860) | What it covers |
|---|---|---|
| Section 132 | Section 353 | Assault or criminal force to deter a public servant from discharge of duty |
The wording of Section 132 follows old Section 353 closely. For the wider picture of how sections map across the two codes, see the IPC to BNS section mapping. Where the force goes further and causes injury, the charge may also or instead be ordinary hurt under Section 115 or grievous hurt, depending on the facts.
04Punishment and classification
The punishment under Section 132 is imprisonment of either description for a term that may extend to two years, or with fine, or with both.
On classification, the offence is cognizable, so the police may register an FIR and investigate without first getting a Magistrate’s order. It is non-bailable, so bail is decided by the court and not claimed as of right. It is triable by any Magistrate.
A short maximum, but non-bailable
The maximum term is two years, which is modest, yet the offence is non-bailable. So the fact that the sentence is short does not mean bail is automatic; the court still decides it on the facts.
05What changed, and what did not
The substance of the offence has carried over largely unchanged. The BNS kept the three situations, the requirement that the target be a public servant acting in the discharge of a lawful duty, and the two year maximum. The main change is the renumbering, from IPC Section 353 to BNS Section 132.
Because the law is substantially the same, case law decided under Section 353 of the IPC still guides how Section 132 is read, including the long line of decisions on what counts as a lawful duty and on when force against a public servant is justified. For research that means covering both numbers.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
On a Section 132 matter the number changed in 2024, which splits the research in two: the new BNS 132 and the long run of authority under the old IPC 353. Claw spans both, reading more than 30 crore judgments from the Supreme Court (1950 onward) and the High Courts (1990 onward) and returning court-ready citations in under five seconds, so a decision on what counts as a lawful duty is not lost just because it predates the new code. For a live matter, Claw keeps the orders and hearings in front of you across 9,102 courts, benches and forums, located by party or advocate name. Open a free Claw account to pull and follow assault-on-a-public-servant cases under both numbers. For the wider view, see case search across Indian courts.
Claw does not file a case or give legal advice, and it does not use customer case documents to train its AI models.
07Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- BNS Section 132 (reference text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. Section numbers and punishments change through amendments and notifications, so check the current official text and take advice from counsel before you act.
08Frequently asked questions
What is the section for assault on a public servant under the new law?
It is Section 132 of the Bharatiya Nyaya Sanhita, 2023. It punishes assault or criminal force on a public servant in the execution of duty, or to deter the public servant from duty, or because of a lawful act done in that duty. It replaced Section 353 of the Indian Penal Code from 1 July 2024.
Which IPC section does BNS Section 132 replace?
Section 132 replaces Section 353 of the IPC. The wording has been carried over closely, with the main change being the new section number.
What is the punishment under Section 132 BNS?
Imprisonment of either description for a term that may extend to two years, or a fine, or both.
Is assault on a public servant a bailable offence?
No. The offence under Section 132 is non-bailable, so bail is decided by the court and not claimed as of right. It is also cognizable, and it is triable by any Magistrate.
Does the public servant’s duty have to be lawful?
Yes. The section applies where the public servant is acting in the lawful discharge of duty. Force used against a public servant who is acting outside the law may not fall within Section 132, which is a common line of defence, though it depends on the facts.
Can I find and track Section 132 cases in Claw?
Yes. Claw searches rulings under both Section 132 of the BNS and the old Section 353 of the IPC across its 30 crore-plus judgments, and follows a live matter through its orders and hearings by party or advocate name across 9,102 courts, benches and forums. It supports the research and tracking, but does not file the case or give legal advice.