What is IPC Section 190?
IPC Section 190 falls within Chapter X of the Indian Penal Code ("Of Contempts of the Lawful Authority of Public Servants"), a chapter addressing various forms of interference with the exercise of official authority and processes. This section specifically targets threats designed to prevent a person from seeking protection from a public servant legally empowered to provide it — for example, discouraging someone from approaching the police for a protective order or intervention against an anticipated threat.
This provision must be understood alongside the closely related Section 189 (threat of injury to a public servant, to induce them to do or forbear from doing an official act), which addresses threats directed at the public servant themselves, whereas Section 190 addresses threats directed at the person who might otherwise seek that public servant's protection. Together, these provisions form a scheme protecting both the integrity of public servants' official functions and the ability of ordinary citizens to access official protection without fear of retaliatory intimidation.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 190 IPC now corresponds to Section 225 of the BNS, which retains the identical definition and punishment without substantive change. FIRs/complaints registered before 1 July 2024 continue to be tried under IPC 190; incidents after that date are registered under the corresponding BNS provision.
Legal Provision — Text of Section 190 IPC
This section must be read alongside Section 189 (threat of injury to a public servant, to influence their official conduct) and Section 44 (definition of "injury"). It should also be considered alongside relevant provisions on criminal intimidation (Section 503) where the threat also independently satisfies that offence's elements.
Punishment Under Section 190
| Imprisonment | Imprisonment of either description (simple or rigorous) for a term which may extend to 1 year |
|---|---|
| Fine | Or with fine, or with both imprisonment and fine |
| Nature of Offence | Non-Cognizable in most states; Cognizable in Andhra Pradesh by state amendment |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Not compoundable |
| Triable By | Any Magistrate |
| Related Provisions | Section 189 (threat of injury to a public servant), Section 503 (criminal intimidation) |
Key Ingredients / Essential Elements
A threat of injury held out to a person
The accused must have communicated or conveyed a threat of injury to the victim.
Purpose of inducing the person to refrain from seeking protection
The threat must specifically be for the purpose of causing the victim to refrain or desist from making a legal application for protection.
The protection sought must be against injury, from a legally empowered public servant
The application in question must relate to protection against injury, and must be directed to a public servant who is legally empowered to provide, or cause to be given, such protection.
What Should You Do — For Complainants and For the Accused
If You've Been Threatened to Prevent You From Seeking Protection
- Since the offence is non-cognizable in most states, file a formal complaint before the Magistrate, though you should still approach the police to seek the protection you originally intended to request.
- Document the specific threat made, including its timing, content, and connection to your intended application for protection.
- If the threat also independently constitutes criminal intimidation under Section 503, this may provide an additional avenue for relief.
If You Are Accused Under Section 190
- Since the offence is bailable, bail can typically be secured without significant difficulty.
- A key defence is to challenge whether the alleged threat was genuinely made for the specific purpose of preventing the person from seeking protection, as opposed to some other, unrelated dispute or communication.
- Consult a criminal lawyer to assess the specific facts, particularly if the alleged threat is ambiguous or lacks a clear connection to any pending or intended application for protection.
Complaint & Bail Process Under Section 190
Filing a Complaint
Being generally non-cognizable, a formal complaint must be filed before a Magistrate (except in Andhra Pradesh, where it is cognizable and police can register an FIR directly).
Investigation
The specific content and purpose of the alleged threat are examined, along with its connection to the victim's intended application for protection.
Bail
Being bailable, the accused is entitled to bail as a matter of right.
Trial
The case is tried before any Magistrate, and being non-compoundable, must proceed through the full trial process.
Important / Landmark Cases on Section 190
Requirement of Specific Purpose
Courts interpreting Section 190 have emphasized that the threat must be shown to have been made for the specific purpose of inducing the victim to refrain from seeking protection — a general threat unconnected to any particular intended application for official protection would not satisfy this section's requirements.
Interplay With Criminal Intimidation Provisions
Courts have recognized that conduct falling within Section 190 may also independently satisfy the elements of criminal intimidation under Section 503, allowing for charges under both provisions where the facts support such overlapping liability.