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 description for a term which may extend to two years, or with fine, or with both.
Key Points:
Definition of Offense:
This section addresses the act of assault or the use of criminal force against a public servant while they are executing their duties.
The offense includes actions intended to prevent or deter a public servant from performing their lawful duties, or actions taken in response to what the public servant has done or attempted to do while discharging their duties.
Public Servant:
A public servant refers to any individual holding a position in the government or an agency and carrying out duties related to the public service. This can include police officers, government officials, and other law enforcement personnel.
Punishment:
The punishment for committing assault or using criminal force against a public servant under this section can include:
Imprisonment: A term that may extend to two years.
Fine: A monetary penalty may be imposed.
Both: Offenders may face both imprisonment and a fine.
Intent:
The offense emphasizes the intent to prevent or deter a public servant from performing their lawful duties, highlighting the seriousness of obstructing public officials in their work.
Lawful Discharge of Duty:
Actions taken by public servants in the lawful discharge of their duties are protected under this section, meaning that any attempt to interfere with these actions is subject to punishment.
Offence : Assault or use of criminal force to deter public servant from discharge of his duty.
Punishment : Imprisonment for 2 years, or fine, or both.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Any Magistrate.
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