IPC Section 353
Here’s a detailed explanation of IPC Section 353:
Section 353 – Assault or criminal force to deter public servant from discharge of his duty
Legal Text:
"Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."
Key Elements:
Victim is a public servant (e.g., police officer, government official).
Assault or criminal force is used:
While the public servant is performing their lawful duty,
Or to prevent/deter them from doing their duty,
Or in retaliation for a lawful act done in their official role.
Definitions:
Assault (Section 351 IPC): Threat or attempt to apply force to another in a hostile manner.
Criminal force (Section 350 IPC): Using force without consent to commit an offence or intending to cause harm or fear.
Punishment:
Imprisonment up to 2 years, or
Fine, or
Both.
Nature of the Offence:
Cognizable – Police can arrest without a warrant.
Non-bailable – Bail is at the discretion of the court.
Triable by – Any Magistrate.
Common Use:
Section 353 is often invoked in cases where someone obstructs or attacks a public servant (such as police officers during arrests or officials enforcing laws) while they are carrying out their duties.
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