Section 353 IPC | Indian Penal Code

What is Section 353 IPC Bare Act?

Section 353 IPC Code Bare Act is the exact text of the Section 353 of the Indian Penal Code , passed by the Indian legislature or Parliament. Thus, it is a replica of the original Section 353 of the Indian Penal Code (IPC 353) available to the people of India by the Indian legislature or Parliament.

Section 353 IPC Bare Act

353 . 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 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.

Introduction to Section 353 IPC

Section 353 IPC defines the criminal offense of assaulting or using criminal force against a public servant while they are discharging their official duties. The primary purpose of this section is to ensure the protection and unhindered functioning of public servants in the execution of their duties.

IPC 353 plays a crucial role in maintaining law and order by discouraging individuals from obstructing or deterring public servants in the performance of their lawful duties. It ensures that public servants can carry out their responsibilities without fear of physical harm or hindrance.

Elements of Section 353 IPC

1. Assault or Criminal Force: To constitute an offense under Section 353 IPC, there must be an act of assault or the use of criminal force against a public servant.

2. Public Servant: The term “public servant” includes government officials, police officers, and individuals serving in various public capacities who are discharging their official duties.

3. Execution of Duty: The public servant must be executing their duty at the time of the alleged assault or use of criminal force.

4. Intent to Prevent or Deter: The accused must have the intent to prevent or deter the public servant from discharging their duty.

5. Consequence of Duty Discharge: Even if the assault or criminal force is in consequence of anything done or attempted by the public servant in the lawful discharge of their duty, it can be covered under Section 353 IPC.

Punishment for Section 353 IPC

The punishment for Section 353 IPC is imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Is IPC 353 Bailable?

The offense under Section 353 IPC is generally classified as a cognizable and non-bailable offense (Subs. by Act 25 of 2005, s. 42 (f) (vii), occurring in column 5, relating to s. 353, for “Ditto” (w.e.f. 23-6-2006)). This means that the police can arrest the accused without a warrant, and bail may not be readily available.

Examples of Section 353 IPC

Here are some examples of actions that could be considered Section 353 IPC offenses:

• Hitting a police officer who is trying to arrest you.
• Spitting on a traffic police officer who is giving you a ticket.
• Threatening a government official with violence in order to prevent him or her from making a decision that you don’t like.

Is Section 353 IPC Compoundable?

Section 353 IPC is non-compoundable, meaning that the offense cannot be settled or compromised between the parties involved. In non-compoundable offenses, the victim or complainant cannot withdraw the case, and legal proceedings must continue.

Is Section 353 IPC Cognizable?

Section 353 IPC is a cognizable offense. Cognizable offenses are those for which the police have the authority to make an arrest without a warrant. In such cases, the police can take immediate action upon receiving a complaint and arrest the accused without the need for a court-issued warrant.

Section 353 IPC plays a vital role in protecting public servants and ensuring they can perform their duties without fear of violence or obstruction.