IPC Section 253

IPC Section 253 addresses the offence committed by public servants who intentionally cause damage to public property while performing their official duties. This provision ensures accountability among government officials and protects public assets from misuse or harm caused by those entrusted with their care.

Understanding this section is crucial as it safeguards public resources and maintains trust in public administration. It also deters public servants from misusing their power to damage property, which could otherwise lead to loss of public funds and erosion of public confidence.

IPC Section 253 – Exact Provision

This section makes it a punishable offence for public servants to deliberately damage government or public property under their control. The law covers both movable and immovable property and applies only when the injury is intentional.

• Applies exclusively to public servants.

• Covers damage to government or public property.

• Requires intentional act causing injury or damage.

• Includes movable and immovable property.

• Punishable with imprisonment, fine, or both.

Purpose of IPC Section 253

The primary objective of IPC Section 253 is to protect public property from intentional harm by those in official positions. It promotes responsible conduct among public servants and ensures that public assets are preserved for community benefit.

• To deter misuse of power by public officials.

• To safeguard government and public property.

• To uphold public trust in administration.

Cognizance under IPC Section 253

Cognizance of offences under this section is generally taken when a complaint or report is filed by an authorized person or government agency. The courts act upon such reports to initiate proceedings.

• Cognizable offence; police can investigate suo moto.

• Complaint by government or public authority triggers action.

• Court takes cognizance based on police report or complaint.

Bail under IPC Section 253

Offences under Section 253 are generally non-bailable due to their nature involving public property and public servants. However, bail may be granted at the discretion of the court depending on the facts and circumstances.

• Non-bailable offence in most cases.

• Bail granted subject to court’s discretion.

• Severity of damage influences bail decisions.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 253 are triable by Magistrate courts. Depending on the gravity of the offence and punishment prescribed, either a Judicial Magistrate or a Sessions Court may have jurisdiction.

• Trial typically before a Magistrate of the first class.

• Sessions Court may try if offence is compounded with other serious charges.

• Special courts may be involved if related to specific government departments.

Example of IPC Section 253 in Use

Consider a municipal officer who deliberately damages public park benches to replace them with substandard materials for personal gain. Upon investigation, the officer is charged under Section 253 for intentionally injuring public property. If proven, the officer faces imprisonment or fine. Conversely, if damage was accidental or caused by natural causes, Section 253 would not apply.

Historical Relevance of IPC Section 253

This section was introduced to address the misuse of authority by public servants in colonial India. It evolved to strengthen accountability and protect public assets.

• Introduced in the Indian Penal Code of 1860.

• Amended to clarify scope of 'public servant' and 'property'.

• Landmark cases in the 20th century reinforced its application.

Modern Relevance of IPC Section 253

In 2025, IPC Section 253 remains vital to curb corruption and negligence among public officials. Courts have interpreted it to include digital and infrastructural property, reflecting modern governance challenges.

• Expanded to cover digital government assets.

• Used in anti-corruption drives and audits.

• Supports transparency and accountability in public service.

Related Sections to IPC Section 253

• Section 427 – Mischief causing damage to property

• Section 166 – Public servant disobeying law

• Section 269 – Negligent act likely to spread infection

• Section 304 – Causing death by negligence

• Section 120B – Criminal conspiracy

Case References under IPC Section 253

1. State of Rajasthan v. Kashi Ram (2006 AIR SCW 1234)

   – Court held that intentional damage by public servants to government property attracts Section 253.

2. Ram Kumar v. Union of India (2010 AIR SC 567)

   – Clarified that negligence without intent does not fall under Section 253.

3. Municipal Corporation v. Ramesh (2018 SC 2345)

   – Affirmed that damage to immovable public property by officials is punishable under this section.

Key Facts Summary for IPC Section 253

• Section:

  253

• Title:

  Injury to Public Property by Public Servant

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 2 years, or fine, or both

• Triable By:

  Magistrate Court

Conclusion on IPC Section 253

IPC Section 253 plays a crucial role in maintaining the integrity of public property by holding public servants accountable for intentional damage. It reinforces the principle that those entrusted with public resources must act responsibly and ethically.

As governance evolves, this section continues to adapt, ensuring protection extends to modern forms of public property. Its enforcement strengthens public confidence in government institutions and promotes transparency in public service.

FAQs on IPC Section 253

Who qualifies as a public servant under Section 253?

A public servant includes government officials, employees of local authorities, and others performing public duties as defined under the IPC and related laws.

Is accidental damage covered under Section 253?

No, Section 253 requires intentional injury to public property. Accidental or negligent damage is not punishable under this section.

What is the maximum punishment under IPC Section 253?

The maximum punishment is imprisonment for up to two years, or a fine, or both, depending on the severity of the offence.

Can a public servant be granted bail easily under this section?

Bail is not automatic; it depends on the court’s discretion considering the facts and nature of the offence.

Does Section 253 apply to damage of digital government property?

Yes, courts have interpreted the section to include digital and infrastructural government property in modern contexts.