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Helpme   05 September 2018

What if a person attack a Government servant

Dear Sirs, what sections and punishment will apply if a person or group of people attack or obstruct the government servant to perform his duties. please give details.
Warm regards,
Hamdani.


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 2 Replies

Sidharth Nair   06 September 2018

IPC defines the following offences which might be relevant to the present question.

1.firstly, if a public servant is threatened, a person so causing the threat can be charged with section 189.

The text of section 189 CrPC reads as-

Section 189. Threat of injury to public servant

Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

  • Punishment—Imprisonment for 2 years, or fine, or both.
  • It is classified as Non-cogniz­able (police cannot make arrest without a warrant) and bailable offence.
  • Triable by any Magistrate.

2. Secondly, such person can also be charged with section 186, which makes voluntary obstruction of public servant in discharge of public function an offence.

The text of the section reads as-

Section 186. Obstructing public servant in discharge of public functions

Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either descripttion for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

  • Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both
  • It is classified as Non-cognizable and Bailable.
  • Triable by any Magistrate.

3. Thirdly, A person assaulting or using criminal force upon a public servant to deter him from discharge of public duty can be charged with section 353. The text of the section reads as-

Section 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 in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

  • Punishment—Imprisonment for 2 years, or fine, or both
  • It is classified as Cogniza­ble (police can make arrest without a warrant) and Non-Bailable offence.
  • Triable by any Magistrate.

4. Lastly, Such person causing assault may also be charged with section 351. It reads as following-

Section 351. Assault

Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit as assault.

  • Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both.
  • Non-Cognizable—Bailable.
  • Triable by any Magistrate.
  • Compound­able by the person assaulted or to whom criminal force is used

Helpme   06 September 2018

Many thanks sir.

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