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Section 353 in The Indian Penal Code

353. Assault or criminal force to deter public servant from discharge of his duty.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.

IPC defines the following offences which might be relevant to the present question.

1.firstly, if a public servant is threatened, a person so causing the threat can be charged with
section 189.

The text of section 189 CrPC reads as-

Section 189. Threat of injury to public servant

Whoever holds out any threat of injury to any public servant, or to any person in whom he
believes that public servant to be interested, for the purpose of inducing that public servant to
do any act, or to forbear or delay to do any act, connected with the exercise of the public
functions of 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.

PunishmentImprisonment for 2 years, or fine, or both.


It is classified as Non-cognizable (police cannot make arrest without a warrant) and
bailable offence.
Triable by any Magistrate.

2. Secondly, such person can also be charged with section 186, which makes voluntary
obstruction of public servant in discharge of public function an offence.

The text of the section reads as-

Section 186. Obstructing public servant in discharge of public functions

Whoever voluntarily obstructs any public servant in the discharge of his public functions,
shall be punished with imprisonment of either description for a term which may extend to
three months, or with fine which may extend to five hundred rupees, or with both.

PunishmentImprisonment for 3 months, or fine of 500 rupees, or both


It is classified as Non-cognizable and Bailable.
Triable by any Magistrate.
3. Thirdly, A person assaulting or using criminal force upon a public servant to deter him
from discharge of public duty can be charged with section 353. The text of the section reads
as-

Section 353. Assault or criminal force to deter public servant from discharge of his duty

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.

PunishmentImprisonment for 2 years, or fine, or both


It is classified as Cognizable (police can make arrest without a warrant) and Non-
Bailable offence.
Triable by any Magistrate.

4. Lastly, Such person causing assault may also be charged with section 351. It reads as
following-

Section 351. Assault

Whoever makes any gesture, or any preparation intending or knowing it to be likely that such
gesture or preparation will cause any person present to apprehend that he who makes that
gesture or preparation is about to use criminal force to that person, is said to commit as
assault.

PunishmentImprisonment for 3 months, or fine of 500 rupees, or both.


Non-CognizableBailable.
Triable by any Magistrate.
Compoundable by the person assaulted or to whom criminal force is used.

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