IPC Section 356
🔍 Text of IPC Section 356
“Whoever assaults or uses criminal force to any person being a public servant in the exercise of the lawful power vested in such public servant, or with intent to prevent or deter that person from discharging his duty as a public servant, or in consequence of anything done or attempted to be done by such person in the lawful exercise of his public duty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
🔎 Key Components Explained
1. Whoever assaults or uses criminal force...
The offender may assault (threaten or attempt to cause harm) or use criminal force (physically touch or apply force intending to cause harm or knowing it is likely to cause harm).
2. ...to any person being a public servant...
The victim must be a public servant (government employee, police officer, magistrate, municipal worker, etc.).
3. ...in the exercise of lawful power vested in such public servant...
The public servant must be lawfully exercising his official powers or duties when the assault or force is used against them.
The assault or criminal force must be connected with their official duty, not a private dispute.
4. ...with intent to prevent or deter that person from discharging his duty...
The offender’s intention must be to stop the public servant from doing their official duty or to punish them for doing it.
Even if the public servant was not deterred, the intention alone can make the act punishable.
5. ...or in consequence of anything done or attempted to be done by such person in the lawful exercise of his public duty...
If the assault/criminal force happens because of something the public servant did or tried to do in the lawful exercise of his duty, it is covered.
🧑⚖️ Punishment under Section 356 IPC
Imprisonment: Up to 2 years
Fine: May be imposed
Or both
⚖️ Nature of Offense
| Feature | Description |
|---|---|
| Type of Offense | Criminal offense |
| Cognizable/Non-cognizable | Usually cognizable (police can arrest without court permission) |
| Bailable/Non-bailable | Usually bailable |
| Triable by | Magistrate of the first class or higher courts |
🛡️ Why is this Section Important?
It protects public servants in the lawful execution of their duties.
It ensures that public servants can perform their responsibilities without fear of violence or intimidation.
It discourages any obstruction to the administration of public services.
🧑💼 Examples
If a police officer is trying to arrest someone lawfully and the person assaults or uses criminal force to stop the arrest, Section 356 applies.
If a municipal officer attempts to demolish an illegal structure, and the owner assaults or forcibly resists the officer, this section can be invoked.
If a tax inspector lawfully visits a business for inspection and is assaulted to deter him from his duties.
📝 Summary
| Section | Offense | Victim | Punishment |
|---|---|---|---|
| 356 | Assault or criminal force to deter public servant from lawful duty | Public servant | Up to 2 years imprisonment, or fine, or both |
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