Ipc 353 - police tried to physically vacate from my pg .

732 votes

Nothing! But the fact of the matter is how do you know that a Court Notice is being sent to you? You having cognizance that a court notice will be served on you and you are not deliberately not receiving it turn the case against you.

Also you not being appearing to court will allow the court to pronounce the judgement exparte.
Generally speaking, if you don’t receive notice on a legal matter then you won’t appear when expected, and you’ll either wind up with a bench warrant for your failure to appear or a default judgment entered against you, depending on the specifics of the situation.

Both of these can usually be remedied upon discovery that you did not receive notice by contacting the court and scheduling a hearing to resolve the problem.

Note: if you did something to intentionally avoid service, don’t expect the court to look kindly on your activities.

Advocate Rajesh Kumar K LawRato

740 votes

Dear Sir,
Nothing to bother. Surrender before the Court and get bail since it is a
Bailable offense. Appoint a good lawyer. The section is as follows.
Section 353 in The Indian Penal Code
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 serv¬ant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Advocate Kishan Dutt Kalaskar LawRato