CrPC Section 353
🔹 Section 353 CrPC – Assault or Criminal Force to Deter Public Servant from Discharging Duty
🔸 Text of Section 353 CrPC:
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, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
🔹 Explanation:
1. What is the Offence?
Using assault or criminal force against a public servant.
The act must be:
While the public servant is executing their official duty, OR
With the intention to prevent or deter the public servant from performing their duty.
2. Who is a Public Servant?
A public servant means a person who holds a public office and performs a public duty under the government.
Examples include police officers, government officials, municipal employees, etc.
3. Meaning of Assault and Criminal Force:
Assault: Any act causing another person to apprehend that they are about to suffer physical violence.
Criminal Force: The use of physical force without consent intending to cause injury, fear, or annoyance.
4. Key Elements:
The accused must have either:
Physically assaulted or used criminal force on a public servant, or
Intentionally tried to stop or deter the public servant from doing their official work.
The public servant must be discharging official duties at the time.
5. Punishment:
Imprisonment up to 2 years, or
Fine, or
Both imprisonment and fine.
6. Significance of Section 353:
Protects public servants from violence or intimidation while performing their duties.
Helps maintain law and order by ensuring officials can carry out their functions without fear.
Encourages respect towards authority and lawful execution of official work.
🔹 Summary:
Section 353 CrPC penalizes anyone who assaults or uses criminal force on a public servant to prevent or deter them from performing their official duties.
It safeguards the functioning of public authorities and promotes orderly administration.
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