Section 353 of the Indian Penal Code : Assault or criminal force to deter public servant from discharge of his duty -A Complete Guide | IPC

Introduction to Section 353 IPC: Assault or Criminal Force to Deter Public Servant

Section 353 IPC : Assault or criminal force to deter public servant from discharge of his duty—

“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 as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

Understanding the Purpose and Implications of Section 353 IPC

Section 353 of the Indian Penal Code (IPC) deals with the offense of assault or criminal force to deter a public servant from the discharge of his duty. It provides for punishment to any person who uses force or threatens to use force to prevent a public servant from performing his lawful duty. The section aims to safeguard the authority and dignity of public officials who perform their duties honestly and impartially.

According to Section 353, any person who assaults or uses criminal force to deter a public servant from the discharge of his duty shall be punished with imprisonment of up to two years, or with a fine, or both. The offense is cognizable, which means that the police have the power to arrest without a warrant, non-bailable, which means that bail may not be granted to the accused without the permission of the court, and triable by any Magistrate.

Key Elements of the Offense Under Section 353 IPC

The offense under Section 353 of the IPC requires the presence of three elements – firstly, the act must constitute an assault or the use of criminal force, secondly, the assault or use of criminal force must be used against a public servant, and thirdly, the purpose of such an assault or use of force should be to prevent the public servant from discharging his duty. The term ‘public servant’ refers to any person who holds an office by virtue of which he is authorized to perform any public duty.

The Process of Filing a Complaint Under Section 353 IPC

In case of a violation of this section, the public servant has the right to file a complaint against the offender. The complaint is generally filed by the public servant who was the victim of the assault or force, or by any other public servant who was present during the incident. The complaint should be filed in the appropriate court or before the police, who then register an FIR and begin an investigation. If the police find sufficient evidence, the accused is charged with an offense under Section 353 and will be brought before a court for trial.

The Importance of Respecting the Authority of Public Officials

In conclusion, Section 353 of the IPC plays a crucial role in maintaining the authority and dignity of public officials in India. Any attempt to prevent a public servant from performing his duty by using force or threats of force can lead to serious legal consequences. It is important for the general public to be aware of this section and respect the authority of public officials. In case of any violation of this section, it is advisable to seek legal counsel and representation from a qualified lawyer who specializes in criminal law.

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FAQs on Section 353 of IPC:

1. How does the Indian judiciary interpret ‘criminal force’ in the context of Section 353 IPC?
   • The judiciary interprets ‘criminal force’ as any force used unlawfully with the intent to cause injury, fear, or annoyance to the person to whom it is directed.
2. Is intent an essential element to establish a charge under Section 353 IPC?
   • Yes, intent is a crucial element. The prosecution must prove that the accused intended to prevent the public servant from performing their duty.
3. What are the legal protections for public servants under Section 353 IPC against harassment?
   • Section 353 IPC provides a legal shield for public servants, criminalizing any act that deters them from their duty, thus offering protection from harassment.
4. Can a charge under Section 353 IPC be compounded, and what does that entail?
   • Compounding a charge under Section 353 IPC is not permissible, as it is a non-compoundable offense. This means the victim cannot enter into a settlement to drop the charges once the complaint is filed.
5. What are the bail provisions under Section 353 IPC?
   • Being a cognizable and non-bailable offense, granting bail under Section 353 IPC is at the discretion of the court and is not a matter of right.
6. Can a conviction under Section 353 IPC affect one’s government employment opportunities?
   • Yes, a conviction under Section 353 IPC can have serious implications, including affecting current employment and future opportunities in government service.
7. What kind of evidence is typically required to prove a charge under Section 353 IPC?
   • Evidence can include eyewitness testimony, medical reports in cases of physical assault, video footage, or any other material that can substantiate the use of criminal force or assault against a public servant.
8. Does Section 353 IPC apply to off-duty public servants?
   • While Section 353 IPC specifically protects public servants while performing their duties, certain circumstances where an off-duty official is obstructed due to their official position may still fall under its purview.
9. Are there any recent amendments to Section 353 IPC that the public should be aware of?
   • There have been no recent amendments to Section 353 IPC; however, judicial interpretations can affect its application.
10. Can a public servant ever be charged under Section 353 IPC?
    • A public servant can be charged under Section 353 IPC if they obstruct another public servant from performing their duty through criminal force or assault.
11. How does Section 353 IPC interact with other sections of the IPC dealing with obstruction or assault?
    • Section 353 IPC specifically addresses the obstruction of public servants and functions alongside other sections of the IPC that deal with assault or criminal force, often with the application dependent on the victim’s role and context of the incident.
12. What are the defenses available to an individual charged under Section 353 IPC?
    • Defenses may include proving the absence of intent to prevent a public servant from duty, acting in self-defense, or demonstrating that the conduct did not constitute ‘criminal force’ as defined by the law.
13. In what scenarios does Section 353 IPC become applicable in protests or public demonstrations?
    • Section 353 IPC becomes applicable in protests or public demonstrations when an individual either uses or threatens to use criminal force specifically to deter a public servant from performing their duty.
14. What is the difference in punishment under Section 353 IPC for an attempted versus a successful deterrence of a public servant?
    • The attempt to deter a public servant itself is punishable under Section 353 IPC, and the extent of punishment does not necessarily depend on the success of the deterrence.
15. Does the severity of the penalty under Section 353 IPC vary based on the public servant’s role?
    • The prescribed punishment under Section 353 IPC does not vary based on the public servant’s role, but the court may consider the role’s significance during sentencing.
16. How does the court determine ‘deterrence from discharge of duty’ in cases under Section 353 IPC?
    • The court evaluates the actions of the accused against the duties of the public servant and determines whether those actions could reasonably be expected to prevent the servant from performing their duty.