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Karishma Yadav   21 April 2020

Hello,

Thank you for your question.

Section 353 of Indian Penal Code talks about the offence of Assault or Criminal force against a public servant such that it prevents them to discharge.

Whoever uses criminal force or assaults a public servant in execution of his duty as public servant or with the intent to prevent or deter that person from discharging his duty or in consequence of anything done by such person to the lawful discharge of his duty.

The offence is punishable with imprisonment of up to two years or fine or both.

It is a cognizable and non- bailable offence and is triable by any magistrate.

In the case of Chandrika Sao v. State of Bihar, it was held that mere use of force is not enough to bring the Section 353 in force. It has to be proved that the force was used intentionally to any person without that person’s consent. It should be done with the knowledge that the use of force will cause injury, fear or annoyance to that person.  

 

Regards,

Karishma Yadav

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