BY: DIPANSHA AGRAWAL
LLOYD LAW COLLEGE
INTRODUCTION:
IPC (Indian Penal Code) is the criminal law which tells about the type of offence and the punishment given to the offender. Public officer is there to protect us from the offenders and if we try to become an obstacle for a public officer and do not let them doing their duty by hurting them, then they can make us liable for the punishment. The punishment we get is according to the section 353 of the Indian Penal Code. This article is told about the punishment of the offence under section 353 of the Indian penal code and it also provides the essential ingredients of the crime and the provision for the punishment. This article also talks about what is assault and criminal force.
HISTORY OF IPC:
There are many codes which is already draft in the British era, IPC is one of them. The first draft of the IPC was prepared by the first law commission, chaired by Thomas Babington Macaulay. The code came into force on 1st January, 1860. The IPC is based on the principles of common law and has been influenced by British legal traditions. It defines and provides punishment for criminal offenses such as murder, theft, rape, and fraud. The code also provides guidelines for determining the degree of punishment for each offense, taking into account factors such as the severity of the crime and the criminal’s intent. There are many offences written in IPC like murder, rape, theft, etc. Like these offences there is one offence name as assault or criminal force to deter public servant from discharge of his duty which is discussed in this article below.
DEFINITION:
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.
WHAT IS ASSAULT AND CRIMINAL FORCE:
ASSAULT:
Assault refers to the act of immediately using unlawful personal violence against another person or instilling fear in them. Assault is distinct from violent crime. When someone uses physical force against another person, only when such physical force comes into touch with a part of the other person’s body qualifies as criminal force; otherwise, it qualifies as an assault, and the offender is subject to prosecution under section 351 of the IPC.
Words alone do not constitute an assault. However, it amounts to assault if the person uses gestures to express their statements.
For instance, “A” is a person who was walking in the park when he unintentionally struck Mr. “B” while sprinting, and he then threatened to punch him. This behaviour does not constitute assault, but this action amounts to criminal force, if B made a fist-shaking gesture towards A, then it constitutes assault.
CRIMINAL FORCE:
When a person uses force intentionally without another person’s consent for committing of any offence and intentionally use such force to cause or knowing or likely use force to cause injury, fear or annoyance to that person to whom the force is used is liable for the criminal force. punishment for the offender is imprisonment of either description for a term which may extend to 3 months, or with fine which may extend to five hundred rupees, or with both.
MEANING:
Crime under Section 353 IPC defined
Section 353 deals with offences of assault or criminal force done to deter a public servant from discharge of duty. And for this we already read about the assault and criminal force very clearly. These two offences are defined under two different sections of the Indian Penal Code. For understanding section 353 of IPC, it is very important to know about these two offences. Section 353 is not available when the public servant or officer is discharging the duties is illegal and there is an illegal order.
ILLUSTRATION
FOR MORE UNDERSTANING ABOUT THE ASSAULT, CRIMINAL FORCE AND SECTION 353 OF IPC SOME OF THE ILLUSTRATIONS ARE GIVEN BELOW:
Illustration 1: Rohan and Ankit are two persons live in a society and one day had a heated argument. and while argument Rohan shows a gesture of punch to Ankit and while showing punch, he creates apprehension that he might be do that. in this case Rohan is liable for the assault.
Illustration 2: X is the person and y are another person and incites a dog to spring upon Y without his consent. and x has an intention to cause injury, fear or annoyance to Y, here X is liable for the criminal force.
Illustration 3: A, is a police officer stopped B on suspicion of carrying a weapon. in return, B put a gun on A’s head. his acts amounted to offence under section 353 of the code.
Essentials of crime under Section 353 IPC:
The essential ingredients of an offence under Section 353 are given below:
- The public servant must have been assaulted or criminal force must have been used against him. Public servant is defined under Section 21 of the Code.
- The assault or criminal force must have been used while he was legally discharging his duties.
- There must be an intention to deter or prevent him from discharging his duties.
Punishment for a crime under Section 353 IPC
The offence of assault upon a public servant by causing hurt to obstruct him by doing his duty under section 353 of Indian Penal Code. the offence is bailable, cognizable but non-compoundable in nature. the trial of this offence is Infront of magistrate. Whoever does this offence will be liable for imprisonment up to 2 years or fine, or both. It is important to note that the duty which is conducted by the public officer or servant is should be legal and imposed upon him by law.
CASE LAWS:
Raghunath Padhy v. State of Orissa (1956):
In this case it was held that the Section 353 is not available when the public servant or officer is discharging the duties is illegal and there is an illegal order.
Patar Munda v. State (1957):
In the case it was held that even if a constable is off duty, he can make an arrest and if he is assaulted or criminal force is used against him while he is doing so, the person will be liable for punishment under Section 353 of the Code.
Jayaseeli v. State (2010):
In this case it was observed that the main ingredient of Section 353 is that the accused should be shown to have assaulted or used criminal force against the police officer, then only a charge under this Section can be made out.
CONCLUSION:
Every person is entitled to a peaceful life without any interference or disturbance from others, but some people try to disturb us by threatening or assaulting us. This is more often experienced by public servants because many people threaten them while they are discharging their duties or doing something in lieu of their duties. The Indian Penal Code, 1860, protects the public officer or servant who is discharging his duties imposed upon him by law from such assault or use of criminal force against them. These acts are punishable under Section 353 of the Code.
REFRENCES:
https://indiankanoon.org/doc/1208971/