Offences relating to Public Justice**

Giving False Evidence (Section 191 BNS)

Offences relating to Public Justice are crimes that interfere with the proper administration of justice by courts and public authorities. These offences are crucial for maintaining the integrity of the legal system and ensuring that justice is dispensed fairly and truthfully. Chapter XI of the Bharatiya Nyaya Sanhita (BNS) deals with Offences relating to Public Justice (Sections 191 to 210), similar to Chapter XI of the IPC.

Giving False Evidence:

Giving false evidence, commonly known as perjury, involves intentionally making false statements in judicial proceedings or other legally mandated contexts.

Provision:

Section 191 of the BNS defines Giving False Evidence (similar to Section 191 of the IPC): "Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence."

Explanation 1: A statement is within the meaning of this section, whether it is made verbally or otherwise. Explanation 2: A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe.

Ingredients:

Legally bound to state the truth: The person must be under a legal obligation (by oath, express law, or declaration) to tell the truth.
Makes a false statement: The person makes a statement that is untrue.
Intention/Knowledge of Falsity: The person knows or believes the statement to be false, or does not believe it to be true.

The false statement must be relevant to the matter before the court or authority where the truth is legally required.

Fabricating Evidence (Section 192 BNS)

Fabricating evidence involves creating false evidence or corrupting genuine evidence to mislead judicial proceedings.

Provision:

Section 192 of the BNS defines Fabricating False Evidence (similar to Section 192 of the IPC): "Whoever causes any circumstance to exist, or makes any false entry in any book or record, or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or before any person exercising legally power to take evidence, and that such circumstance, false entry or false statement may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any material point in such proceeding, is said to fabricate false evidence."

Ingredients:

Act: Causing a false circumstance to exist, making a false entry in a record, or creating a document/electronic record with a false statement.
Intent: Intending that this false evidence should be used in a judicial proceeding or before a person legally empowered to take evidence.
Purpose: Intending that the false evidence should mislead the person forming an opinion on the evidence regarding a material point in the proceeding.

Example: Creating a fake document to support a false claim in court, planting false evidence at a crime scene, making false entries in official records intended for use in court, coaching a witness to give false testimony.

Both giving and fabricating false evidence are serious offences because they directly undermine the truth-finding function of the justice system.

Punishment for False Evidence and Fabricating Evidence

The BNS prescribes punishments for giving and fabricating false evidence, with enhanced penalties depending on the gravity of the matter in which the false evidence is given or fabricated.

Provision:

Section 193 of the BNS prescribes Punishment for false evidence (similar to Section 193 of the IPC).

Section 193(1) states: "Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."

Section 193(2) states: "And whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine."

Enhanced Punishment for Serious Cases:

The BNS provides for much more severe punishments if the false evidence is given or fabricated with the intent to cause a person to be convicted of certain serious offences:

If the intent is to cause conviction for an offence punishable with death, the punishment is imprisonment for life or rigorous imprisonment up to ten years, and fine (Section 194 BNS, similar to Section 194 IPC).
If the intent is to cause conviction for an offence punishable with imprisonment for life or imprisonment for seven years or upwards, the punishment is imprisonment up to seven years, and fine (Section 194(2) BNS).

Furthermore, if an innocent person is actually convicted and executed in consequence of such false evidence, the person who gave the false evidence is punishable either with death or life imprisonment (Section 194 BNS, similar to Section 194 Exception IPC).

These escalating punishments reflect the law's strong condemnation of interference with the course of justice through false evidence, especially when it leads to severe consequences for innocent individuals.

Obstructing the Administration of Justice

Various acts can interfere with the process of justice beyond just providing false evidence. These acts, broadly categorised as obstruction of justice, are also criminalized.

Obstructing a public servant in discharge of his public functions (Section 194 BNS)

As discussed under offences relating to public servants, Section 194 of the BNS (similar to Section 186 IPC) penalizes voluntary obstruction of a public servant in the discharge of their public functions. This can include obstructing police officers, court officials, or other public servants involved in the administration of justice (e.g., preventing the execution of a warrant, hindering an investigation).

Failure to obey lawful order of public servant (Section 197 BNS)

Section 197 of the BNS (similar to Section 188 IPC) penalizes disobedience to an order duly promulgated by a public servant, if such disobedience causes or is likely to cause obstruction, annoyance, or injury. This can also obstruct the administration of justice if the lawful order was related to a judicial or official process.

Resistance to the execution of law or process

The BNS includes provisions specifically dealing with resistance to lawful authority or process. While some aspects may overlap with Section 194, specific sections address different forms of resistance:

Resistance or obstruction to lawful apprehension of another person (Section 203 BNS): Similar to Section 225 IPC. Resisting or intentionally obstructing the lawful apprehension or detention of another person. This obstructs the process of bringing offenders to justice.
Resistance or obstruction by a person to his lawful apprehension (Section 204 BNS): Similar to Section 224 IPC. Resisting or intentionally obstructing one's own lawful apprehension or detention.
Obstruction by resistance to lawful authority (Section 205 BNS): Similar to Section 225A IPC. Various acts of resistance or obstruction to lawful authority, particularly related to detention or custody, with enhanced penalties.

These offences aim to ensure that legal processes, arrests, and lawful orders are respected and can be executed without unlawful interference, thereby upholding the authority of the law and the administration of justice.

Escape from Custody andrescues

Interfering with the custody of offenders or suspects, either by escaping from lawful detention or assisting others to escape, are offences that directly undermine the administration of justice by frustrating the process of bringing individuals to trial or serving their sentences.

Escape:

Escape from lawful custody refers to a person who is legally detained freeing themselves from that detention.

Provision:

Section 207 of the BNS defines Escape or attempt to escape from custody (similar to Section 224 of the IPC, which covered resistance or obstruction to lawful apprehension or escape from custody). Section 207 BNS focuses on the act of escaping or attempting to escape after lawful apprehension or detention.

Section 207(1) states: "Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished..."

Ingredients:

Lawful apprehension or detention: The person must be lawfully sought for apprehension or already lawfully detained.
Intentional resistance or obstruction OR Escape or attempt to escape: The person must intentionally resist apprehension or escape/attempt to escape from lawful custody.

The punishment varies depending on the seriousness of the offence for which the person was apprehended or detained (e.g., if for a capital offence, or for an offence punishable with life imprisonment or imprisonment up to 10 years, etc.).

Rescues:

Rescues involve a third party assisting someone in lawful custody to escape.

Provision:

Section 208 of the BNS defines Rescue or assistance to prisoner to escape (similar to Section 225 of the IPC, which covered resistance or obstruction to lawful apprehension of another, or rescuing a prisoner). Section 208 focuses on assisting others to escape or rescuing them.

Section 208(1) states: "Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, shall be punished..."

Ingredients:

Intentional resistance or obstruction OR Rescue or attempt to rescue: The accused intentionally resists the lawful apprehension of another person OR rescues or attempts to rescue another person from lawful custody.
Lawful apprehension or detention: The person being helped must be lawfully sought for apprehension or lawfully detained.
For an offence: The apprehension or detention must be in relation to an offence.

The punishment for rescue also varies depending on the seriousness of the offence for which the rescued person was apprehended or detained.

These offences are critical for maintaining the effectiveness of law enforcement and the judicial process by preventing individuals from evading justice once they are lawfully subjected to it.

Contempt of Lawful Authority**

Disobedience to Lawful Order of Public Servant (Section 197 BNS)

Offences involving contempt of lawful authority deal with disrespect or defiance towards public servants acting in their official capacity, which can undermine the authority of the state and the administration of law.

Disobedience:

Disobeying an order given by a public servant, where such disobedience causes or is likely to cause public nuisance or harm, is a form of contempt of lawful authority.

Provision:

Section 197 of the BNS defines Disobedience to order duly promulgated by public servant (similar to Section 188 of the IPC): "Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or is likely to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or is likely to cause danger to human life, health or safety, or causes or is likely to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."

Ingredients:

Disobedience to a lawful order: The accused must disobey an order that was lawfully issued by a public servant.
Knowing the order: The accused must be aware of the order.
By a public servant lawfully empowered: The order must be issued by a public servant who has the legal authority to do so.
Causing or likely to cause harm/risk: The disobedience must cause or be likely to cause obstruction, annoyance, injury, or danger to human life, health, safety, or lead to a riot or affray.

Example: Disobeying a lawful order from a police officer directing traffic, disobeying an order from a magistrate prohibiting public assembly, disobeying an order from a public health official related to disease control. The key is that the disobedience must lead to or be likely to lead to a specific harmful consequence.

The punishment varies based on the potential or actual harm caused by the disobedience.

Omission to assist Public Servant when bound by Law to do so (Section 200 BNS)

In certain situations, the law imposes a duty on individuals to assist public servants. Failing to provide such assistance when legally bound to do so is an offence.

Provision:

Section 200 of the BNS defines Omission to assist public servant when bound by law to give assistance (similar to Section 187 of the IPC): "Whoever, being bound by law to render assistance to a public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both; and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process for the taking of any person by law, or of preventing the commission of an offence, or suppressing a riot or affray, or dispersing an unlawful assembly, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both."

Ingredients:

Legally bound to assist: The accused must have a legal duty to provide assistance to a public servant executing their public duty.
Intentional omission: The accused intentionally fails or omits to give such assistance.

Example: A police officer lawfully requests assistance from a citizen in arresting a suspect, and the citizen, who is legally bound to provide such assistance, intentionally refuses. A public servant demands assistance in suppressing a riot, and a person legally obliged to assist refuses.

The duty to assist a public servant usually arises when there is a specific legal provision imposing such a duty or when lawfully called upon for assistance in specific urgent situations (like apprehending a person, preventing an offence, suppressing a riot, or dispersing an unlawful assembly). The enhanced punishment applies in these more serious situations.

Assaulting or obstructing Public Servant when suppressing riot, etc.

Using force or obstructing public servants who are lawfully acting to maintain public order or suppress disturbances are serious offences.

Relevant BNS Provisions:

Several sections in the BNS cover acts of assault or obstruction directed at public servants, particularly in contexts of public order:

Obstructing public servant in discharge of public functions (Section 194 BNS): This general section applies if the obstruction does not involve assault or criminal force. If it involves force, it might fall under assault or criminal force against a public servant.
Assault or criminal force to deter public servant from discharge of his duty (Section 195 BNS): Similar to Section 353 IPC. It criminalizes assaulting or using criminal force against a person being a public servant in the execution of their duty as such public servant, or with intent to prevent or deter them from discharging their duty.

Ingredients: Assault or criminal force + Against a public servant + While they are on duty or with intent to deter them + From discharging their duty.

Example: Physically attacking a police officer lawfully trying to control a crowd, using force against a magistrate trying to restore order, assaulting a public servant who is trying to disperse an unlawful assembly.
Assaulting or obstructing public servant when suppressing riot, etc. (Specific contexts): While Section 195 is general, its application is particularly relevant and serious when the public servant is engaged in maintaining public order, suppressing riots, or dispersing unlawful assemblies. The act of assaulting or obstructing them in such critical situations is covered by the scope of Section 195.

The BNS provides punishment for these acts, which is more severe than for simple assault or obstruction, reflecting the gravity of interfering with public servants performing essential duties related to public safety and order. These offences reinforce the authority of the state in maintaining peace and dealing with public disturbances.