Criminal Law Videos - IPC Section 353 (Assault to deter public servant from discharge of his duty)

IPC Section 353 makes the offence of assaulting or using criminal force to deter a public servant from discharging his duties punishable. The section states that whoever either assaults or uses criminal force to any public servant, in the execution of his duty as such public servant, or with the intention of preventing or deterring him from discharging his duty as such public servant or in consequence of anything done or attempted to be done by him in the lawful discharge of his duty as such public servant, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both.

There must be an assault or use of criminal force to a public servant either in the execution of his duties in that capacity, or with the intention to prevent or deter him from discharging his duty in that capacity, or in consequence of anything done or attempted to be done by him in the lawful discharge of his duty in that capacity.

Snatching of ballot papers from the custody of the polling officer and tearing them amounts to use of criminal force.The expression ‘in consequence of anything done’ used in section 353 includes motive which actuates the accused to commit assault on public servant.

The offence under section 353 is cognizable, bailable and non-compoundable, and is triable by any magistrate.