What is Section 353 IPC? Assault or criminal force to deter public servant
Published on: Lawiz Team
Learn about Section 353 IPC: Assault or criminal force to deter public servant
Official 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 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.
What This IPC Section Means – Explained in Simple Words
Section 353 punishes anyone who assaults or uses criminal force against a public servant to deter them from performing their lawful duties.
Purpose
To protect public servants from being attacked or obstructed while performing their official duties.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 2 years, or fine, or both.
Key Elements
1. There must be an act of assault or criminal force. 2. The victim must be a public servant. 3. The act must be done to deter or obstruct them from performing their duty.
Punishment Details
Imprisonment of up to two years, or a fine, or both.
Illustrative Example
If a person pushes a police officer to prevent them from making an arrest, it is an offence under Section 353.
Legal Defenses
If the accused can prove that the act was done in self-defense or without intention to obstruct the public servant, they may be acquitted.
Related Sections
Related to Section 332 (Hurt to deter public servant) and Section 352 (Criminal force without provocation).
FAQs
What is meant by Section 353 IPC?
Assault or criminal force used against a public servant to deter him from duty.
What punishment is provided under Section 353 IPC?
Imprisonment up to 2 years, or fine, or both.
Is Section 353 IPC cognizable?
Yes, it is a cognizable and non-bailable offence.
Give an example of offence under Section 353 IPC.
Threatening a police officer during performance of duty.
How to file an FIR under Section 353 IPC?
At nearest police station detailing act against public servant.
Which court deals with cases under Section 353 IPC?
Handled by Magistrate courts.
Is lawful obstruction a defence under Section 353 IPC?
Lawful protest without criminal force may be a defence.