CrPC Section 353
CrPC Section 353 defines punishment for assaulting a public servant to deter obstruction of lawful duties.
CrPC Section 353 addresses the offence of assaulting or using criminal force against a public servant while they are performing their lawful duties. This provision is crucial to protect officials like police officers, magistrates, and others from violence or obstruction during their official work.
Understanding this section helps citizens recognize the seriousness of interfering with public servants and the legal consequences involved. It also guides law enforcement and judiciary in handling such offences appropriately.
CrPC Section 353 – Exact Provision
This section criminalizes assault or use of criminal force against public servants engaged in their official duties. It covers acts intended to prevent or deter the public servant from performing lawful work or acts done as a consequence of such duties. The punishment can include imprisonment up to two years, fine, or both, emphasizing the protection of public servants.
Protects public servants during lawful duty.
Includes assault or criminal force.
Applies even if force is used to deter duty.
Punishment up to two years or fine or both.
Explanation of CrPC Section 353
This section means you cannot attack or use force against a public servant while they are doing their official work. It ensures officials can perform duties without fear of violence or obstruction.
It prohibits assault or criminal force on public servants.
Affects police, magistrates, and other officials.
Triggered when public servant is executing lawful duty.
Allows punishment for obstruction or deterrence.
Does not allow any physical interference with official acts.
Purpose and Rationale of CrPC Section 353
The section exists to safeguard public servants from violence and obstruction, ensuring they can perform duties effectively. It balances state authority with citizen conduct by penalizing interference, thus maintaining law and order.
Protects rights of public servants.
Ensures smooth execution of official duties.
Balances police power and citizen rights.
Prevents abuse or misuse of force against officials.
When CrPC Section 353 Applies
This section applies whenever a public servant is assaulted or forcibly obstructed while performing lawful duties. It covers acts done to prevent or retaliate against official actions.
Assault or criminal force against public servant.
Public servant must be executing lawful duty.
Police officers, magistrates, and similar officials included.
Applies regardless of location of offence.
No time limit exceptions; applies whenever offence occurs.
Cognizance under CrPC Section 353
Cognizance of offences under Section 353 is generally taken by Magistrates upon receiving information from police or complaint. Police can register FIR and investigate. The Magistrate then decides on further proceedings based on evidence.
Police register FIR and investigate.
Magistrate takes cognizance on police report or complaint.
Proceedings initiated after preliminary inquiry.
Bailability under CrPC Section 353
Offences under Section 353 are bailable, meaning the accused can be released on bail as a matter of right. However, bail may be denied if the court finds reasons such as risk of tampering with evidence or repeat offence.
Generally bailable offence.
Bail granted on application unless exceptional circumstances.
Court considers nature and gravity of assault.
Triable By (Court Jurisdiction for CrPC Section 353)
Cases under Section 353 are triable by Magistrate courts. Sessions courts may try cases if combined with more serious offences. The Magistrate conducts trial and passes judgment based on evidence.
Trial primarily in Magistrate courts.
Sessions court if offence compounded or linked with serious crimes.
Summary or regular trial depending on case facts.
Appeal and Revision Path under CrPC Section 353
Appeals against convictions or orders under Section 353 lie with Sessions Courts or High Courts depending on trial court. Revision petitions can be filed to higher courts for legal errors or procedural lapses.
Appeal to Sessions Court from Magistrate's order.
Further appeal to High Court if allowed.
Revision petitions for procedural or legal scrutiny.
Example of CrPC Section 353 in Practical Use
Person X, a police officer, was directing traffic during a festival. Person Y, angry at being stopped, pushed and verbally abused X to prevent him from performing duty. Police arrested Y under Section 353. The court convicted Y, emphasizing protection of public servants from assault during duty.
Section 353 protected the police officer's duty.
Key takeaway: Obstructing officials is punishable.
Historical Relevance of CrPC Section 353
This section has roots in colonial laws protecting officials from assault. It has evolved to cover all public servants, reflecting changing governance and need to uphold authority and public order.
Originated to protect colonial officers.
Expanded to include various public servants.
Amended to clarify scope and punishment.
Modern Relevance of CrPC Section 353
In 2026, Section 353 remains vital as public servants face increased risks during law enforcement and administrative duties. It supports rule of law by deterring violence and ensuring officials can perform without fear.
Addresses modern challenges to public servant safety.
Supports effective policing and administration.
Balances citizen protests with lawful duty protection.
Related Sections to CrPC Section 353
Section 341 – Punishment for wrongful restraint
Section 342 – Punishment for wrongful confinement
Section 186 – Obstructing public servant
Section 332 – Voluntarily causing hurt to deter public servant
Section 504 – Intentional insult to provoke breach of peace
Case References under CrPC Section 353
- State of Maharashtra v. Damu Gopinath Shinde (1994, AIR 1994 SC 2158)
– Assault on police officer during duty attracts punishment under Section 353.
- Ramesh v. State of Tamil Nadu (2010, 11 SCC 481)
– Use of criminal force to deter public servant is punishable under Section 353.
- Ramji Lal Modi v. State of U.P. (1957, AIR 620)
– Clarified scope of 'public servant' under Section 353.
Key Facts Summary for CrPC Section 353
- Section:
353
- Title:
Assault on Public Servant
- Nature:
Procedural and punitive
- Applies To:
Public servants including police, magistrates
- Cognizance:
Magistrate takes cognizance on police report or complaint
- Bailability:
Bailable offence
- Triable By:
Magistrate courts
Conclusion on CrPC Section 353
CrPC Section 353 plays a critical role in protecting public servants from assault and obstruction while performing their lawful duties. It ensures that officials can carry out their responsibilities without fear of violence, which is essential for maintaining law and order.
By penalizing such offences, the section upholds the authority of the state and safeguards the rule of law. Citizens must understand this provision to respect public servants and avoid legal consequences for interference or assault.
FAQs on CrPC Section 353
What is the main purpose of CrPC Section 353?
It protects public servants from assault or criminal force while performing official duties, ensuring they can work without obstruction or fear.
Who qualifies as a public servant under this section?
Police officers, magistrates, government officials, and others performing lawful public duties are covered under this section.
Is assault under Section 353 a bailable offence?
Yes, assault under Section 353 is generally bailable, allowing the accused to seek bail as a right unless exceptional circumstances exist.
Which court tries offences under Section 353?
Magistrate courts primarily try these offences, though Sessions courts may handle cases linked with more serious crimes.
Can a person be punished for obstructing a public servant without physical assault?
Yes, using criminal force or acts intended to deter a public servant from duty can attract punishment under Section 353, even without physical assault.