Section 353 CrPC: Judgment Explained – Indian Criminal Procedure Code

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Section 353 CrPC: Judgment Explained – Indian Criminal Procedure Code

1. State the code

Section 353 of the Indian Criminal Procedure Code (CrPC) deals with the offense of assaulting or using criminal force to deter a public servant from discharging his/her duty.

2. Explain it

This section lays down that whoever assaults or uses criminal force to any person who is a public servant while that public servant is engaged in the execution of his duty, or on account of anything done or omitted by such public servant in the execution 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.

The key elements of this offense are:

  • Assault or use of criminal force: This includes any act that causes actual bodily harm, or puts the public servant in fear of such harm.
  • Public servant: This includes any person who is employed in the service of the government, whether paid or unpaid.
  • Discharge of duty: The assault or use of criminal force must be connected to the public servant’s official duties.

3. Illustrate it

  • Example 1: A police officer is trying to arrest a suspect. The suspect resists arrest and assaults the officer. This would be an offense under Section 353 CrPC.
  • Example 2: A tax inspector is trying to collect taxes from a businessman. The businessman becomes angry and pushes the inspector. This would also be an offense under Section 353 CrPC.

4. Common Questions and Answers

Q: What is the difference between Section 353 CrPC and Section 332 CrPC?

A: Section 332 CrPC deals with voluntarily causing hurt to deter a public servant from his duty. Section 353 CrPC deals with assault or use of criminal force, which is a broader category than hurt.

Also Read  Section 178 CrPC: Place of Inquiry or Trial in Criminal Procedure

Q: Does the public servant need to be injured for Section 353 CrPC to apply?

A: No, actual injury is not necessary. The use of force or threat of force, even if it doesn’t cause harm, can be enough to constitute an offense under Section 353 CrPC.

Q: Can a private citizen be charged under Section 353 CrPC?

A: No, Section 353 CrPC applies only to public servants. It is not applicable to private citizens.

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