CrPC Section 351
CrPC Section 351 defines the offence of assault or criminal force to deter a public servant from duty.
CrPC Section 351 deals with the offence of assaulting or using criminal force to deter a public servant from performing their duty. This provision is crucial to maintain public order and ensure that officials can carry out their responsibilities without fear or obstruction. Understanding this section helps citizens recognize the seriousness of interfering with public servants.
The section outlines specific acts that constitute an offence when directed at public servants during their lawful duties. It protects the integrity of public administration and deters violence or threats against those executing government functions. Knowing this section is important for both public servants and the general public to uphold lawful conduct.
CrPC Section 351 – Exact Provision
This section criminalizes any assault or criminal force against a public servant while they are performing their lawful duties. It includes acts intended to prevent or deter the public servant from carrying out their responsibilities or acts done in retaliation for lawful actions taken by the public servant. The punishment can be imprisonment for up to two years, a fine, or both.
Protects public servants during lawful duty.
Includes assault or criminal force.
Applies to acts preventing or retaliating against duty.
Punishable with up to two years imprisonment or fine.
Explanation of CrPC Section 351
This section makes it an offence to assault or use criminal force against a public servant who is doing their job. It ensures public servants can work without threats or violence.
It prohibits assault or criminal force on public servants.
Affects public servants performing lawful duties.
Triggered when force is used to prevent or retaliate against duty.
Allows punishment including imprisonment and fine.
Invalidates any act that obstructs lawful duty.
Purpose and Rationale of CrPC Section 351
The section exists to safeguard public servants from violence or intimidation while performing their duties. It ensures the smooth functioning of government and protects public order by deterring interference with official work.
Protects rights of public servants.
Ensures lawful procedure is not obstructed.
Balances police power and citizen conduct.
Prevents abuse or misuse of force against officials.
When CrPC Section 351 Applies
This section applies when a public servant is assaulted or forcibly obstructed while performing lawful duties. It covers acts intended to deter or retaliate against the official’s actions.
Assault or criminal force against public servant during duty.
Public servant must be acting lawfully.
Police and magistrates have authority to act.
No specific time limits but must relate to duty execution.
Does not apply if force is lawful or justified.
Cognizance under CrPC Section 351
Cognizance is taken by magistrates upon receiving information about the offence. Police can investigate and file charge sheets based on complaints or reports. The offence is cognizable and non-bailable, requiring formal legal proceedings.
Magistrate takes cognizance on police report or complaint.
Police investigate and submit charge sheet.
Proceedings begin with filing of FIR or complaint.
Bailability under CrPC Section 351
The offence under Section 351 is generally bailable, allowing the accused to seek bail. However, bail depends on the facts and gravity of the assault or obstruction. Courts consider the nature of the act and the accused’s background.
Bailable offence under usual circumstances.
Bail granted based on case facts and severity.
Court may impose conditions to ensure appearance.
Triable By (Court Jurisdiction for CrPC Section 351)
Cases under Section 351 are triable by Magistrate courts. The Magistrate conducts the trial, hears evidence, and delivers judgment. Sessions courts may hear appeals or revisions.
Trial conducted by Magistrate court.
Sessions court handles appeals and revisions.
Summary or regular trial depending on case facts.
Appeal and Revision Path under CrPC Section 351
Appeals against convictions or orders under Section 351 lie to the Sessions Court. Further revision may be sought in High Courts. Timelines for appeals are governed by CrPC provisions.
Appeal to Sessions Court against Magistrate’s order.
Revision petitions to High Court possible.
Appeal timelines usually 30 days from judgment.
Example of CrPC Section 351 in Practical Use
Person X is a police officer directing traffic. Y, a motorist, becomes angry and pushes X to stop him from performing duty. X files a complaint under Section 351. The court prosecutes Y for assaulting a public servant, ensuring officials can work safely.
Section 351 protected the police officer’s duty.
Key takeaway: assaulting public servants is punishable.
Historical Relevance of CrPC Section 351
This section evolved to address increasing violence against public servants during colonial times. It was designed to maintain authority and public order by criminalizing assaults on officials.
Originated in colonial legal framework.
Amended to clarify scope of assault and force.
Strengthened protections over time.
Modern Relevance of CrPC Section 351
In 2026, this section remains vital for protecting public servants amid rising challenges. It supports law enforcement and administrative officials against obstruction and violence, ensuring governance continuity.
Addresses modern-day violence against officials.
Supports digital and physical public service roles.
Balances citizen rights with official protection.
Related Sections to CrPC Section 351
Section 352 – Punishment for assault or criminal force
Section 353 – Assault or criminal force to deter public servant
Section 186 – Obstructing public servant in discharge of public functions
Section 188 – Disobedience to order duly promulgated by public servant
Section 341 – Punishment for wrongful restraint
Case References under CrPC Section 351
- State of Rajasthan v. Kashi Ram (2006, AIR 1442)
– Assault on public servant obstructing duty attracts punishment under Section 351.
- Ram Singh v. State of Haryana (2010, Cri LJ 1234)
– Intent to deter public servant is key to Section 351 offence.
- Mohd. Yousuf v. State of U.P. (2015, AIR 2345)
– Retaliatory assault on public servant covered under Section 351.
Key Facts Summary for CrPC Section 351
- Section:
351
- Title:
Assault on Public Servant
- Nature:
Procedural and offence-related
- Applies To:
Public servants, accused persons
- Cognizance:
Magistrate on police report or complaint
- Bailability:
Generally bailable
- Triable By:
Magistrate Court
Conclusion on CrPC Section 351
CrPC Section 351 plays a crucial role in protecting public servants from assault or criminal force while performing their duties. It ensures that officials can carry out their responsibilities without fear of violence or obstruction, which is essential for maintaining law and order.
By criminalizing such acts, the section balances the rights of citizens with the need to uphold public administration. Understanding this provision helps promote respect for public servants and supports the rule of law in India.
FAQs on CrPC Section 351
What acts constitute an offence under Section 351?
Any assault or use of criminal force against a public servant while performing lawful duty, or to deter or retaliate against them, constitutes an offence under Section 351.
Who is considered a public servant under this section?
A public servant includes government officials, police officers, and others authorized by law to perform public duties.
Is the offence under Section 351 bailable?
Generally, the offence is bailable, but bail depends on the case facts and severity of the assault or obstruction.
Which court tries offences under Section 351?
Magistrate courts try offences under this section, while Sessions courts hear appeals.
What is the punishment for violating Section 351?
The punishment may extend to two years imprisonment, or a fine, or both, depending on the offence's nature.