Legal Provisions of Section 189 of Indian Penal Code, 1860.
Threat of injury to public servant:
ADVERTISEMENTS:
Holding out threat of injury to a public servant or to another in whom the accused believes that the public servant is interested, under certain situation, has been punished under this section. The section states that whoever holds out any threat of injury either to a public servant or to any person in whom he believes that public servant to be interested, and the purpose of doing so is to induce that public servant either to do any such act, or to forbear to do any such act, or to delay to do any such act, which has connection with exercising of public functions of such public servant, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both.
This section has some resemblance with the offence of criminal intimidation defined under section 503 of the Code. The nature of the offence under that section is general, whereas this section deals with a sort of intimidation either of a public servant or of any person in whom he believes that public servant to be interested.
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The prosecution has to prove that the offender did this for the purpose of inducing that public servant to do, or to forbear or delay to do, any act which was connected with such public servant’s exercise of public functions. Empty threats given under heat of passion which are mere shows of anger without any real intention need to be distinguished from this offence.
The Madras High Court is of the view that where a public servant has accepted a bribe to show favour by doing some work, but fails to do the same, threats of violence to him for his non-performance of the work promised, do not fall under this section.
ADVERTISEMENTS:
The Rajasthan High Court has held that where workers belonging to a particular political party shouted slogans and threatened the officers of a police station with dire consequences with a view to secure the release of their fellow workers who had been allegedly arrested by the police wrongly, they all were guilty under this section irrespective of the fact whether the fellow workers were arrested wrongly or rightly.
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by any magistrate.