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Elphaq1234 (self)     02 January 2012

Need advice: 353

Hi,


One of my friends got in a fight with a bar manager on the new year's eve. Police was there already as they were forcing the place to shut down. Police wanted to take my friend to the police station, and while being escorted to the jeep she was abused by one of the cops there. When she retaliated the lady constable at the sight slapped her, on which she slapped her back. She was taken to the police station and case under IPC 353 was filed. She was bailed the next morning and the hearing in court is scheduled for next week. I was witness to the whole incident and signed on the arrest form. However, my statement was never taken. My questions are:

  • How serious is this offence? Will she have to settle this out of court or can she really fight it out in the court (her arguement that she was abused and hit first even when she was cooperating only after which she retaliated) She had not consumed liquor (test was done while the FIR was being filed)
  • What is my role in the hearing? Will I be summoned in the court for the trials? Even for the first trial next week? I'm dreading the prospect of a written communication being sent to my address; will the police call me instead of a postal communication in case I'm summoned?

Thanks in advance for all the advice.



Learning

 2 Replies

Vakeel Civil Court (Director)     02 January 2012

Indian Penal Code (IPC) 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.

 

CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 2 years, or fine, or both—Cogniza­ble—Non-Bailable—Triable by any Magistrate—Non-compoundable.

Vakeel Civil Court (Director)     02 January 2012

1. How serious is this offence?- You can understand the seriousness by reading the sec.

2. Will she have to settle this out of court or can she really fight it out in the court.- Non Compoundable implies she will have to defend her case in court n cannot be compromised.

3. I'm dreading the prospect of a written communication being sent to my address;- In case you are added as witness, summons will be sent to your address.

 

Engage an advocate who will help you in contesting the case.


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