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 to 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.
IPC Section 353: Simplified Explanation
IPC Section 353 of the Indian Penal Code deals with the offence of “assault or criminal force to deter public servant from discharge of his duty.” This section applies when an individual uses assault or criminal force against a public servant with the intent to prevent or deter that public servant from performing their lawful duties. The law protects public servants from interference, intimidation, or harm while carrying out their official responsibilities.
Key elements of this section include:
- Assault or Criminal Force: The person must commit an act of assault (as defined under IPC Section 351) or use criminal force (as defined under IPC Section 350) against another person.
- Public Servant: The victim must be a public servant acting in discharging their lawful duties.
- Intent: The act must be carried out to prevent or deter the public servant from discharging their duty.
Is IPC Section 353 Bailable?
IPC Section 353 is a non-bailable offence. Given the serious nature of the offence, which involves obstructing a public servant from performing their lawful duties through force or intimidation, the accused must appear before a court to seek bail.
IPC Section 353 Punishment
The Punishment under IPC Section 353 for assault or criminal force to deter a public servant from discharge of duty includes:
- Imprisonment for a term that may extend to two years,
- or with a fine,
- Or with both.
The Punishment reflects the serious nature of the offence and the importance of ensuring that public servants can perform their duties without obstruction or harm.
Example of IPC Section 353
A real-life example of IPC Section 353 involved a case where a traffic police officer was assaulted by a motorist who was being issued a ticket for a traffic violation. In an attempt to avoid the fine, the motorist pushed and threatened the officer. The motorist was charged under IPC Section 353 for using criminal force to deter the public servant from discharging their duty. This case highlighted the protection provided to public servants under the law and the consequences of attempting to interfere with their official duties through violence or intimidation.
In another instance, a shop owner physically attacked a tax officer during a routine inspection of the shop’s records. The shop owner used force to prevent the officer from completing the inspection and performing their duty. The shop owner was subsequently charged under IPC Section 353 for assaulting the public servant to deter them from their duty. This case underscored the legal measures to protect public servants from threats and violence while executing their responsibilities.
