What is Section 353 IPC

Section 353 tells us that, anyone who assaults or uses criminal force against
a public servant in the performance of his or her duties as a public servant,
or with the intent to prevent or deter that person from performing his or her
duties as a public servant, or as a result of something done or attempted to
be done by these people in the lawful discharge of his or her duties as a
public servant, shall be punished.

A public employee is frequently exposed to significant dangers in the

performance of his official tasks, and the law protects him by providing
exceptionally deterrent punishments for those who violate the majesty of
law, of which he is a minister. However, only an officer who is obliged to
perform official tasks is entitled to protection. A commissioner seeking to
surrender possession under a time-expired warrant also does not have the
jurisdiction to enter land owned by the party resisting the execution. This
clause exempts those who offer resistance from prosecution. A public worker
cannot plead Section 353 while operating under an unlawful instruction from
a superior, although he is unaware of the illegality.

Essentials of Section 353 IPC

To use this Section, one must meet the following requirements:-

1. A public servant must be assaulted or subjected to criminal force;

and
2. It had to have been made on a public servant –

1. when he was carrying out his responsibilities, or

2. with the goal of preventing or discouraging him from doing his
duties, or
3. as a result of anything he has done in the course of his duties.

Punishment under Section 353 IPC

It is a non-cognizable, bailable, and non-compoundable offence and can be
tried by any magistrate. An accused who is found guilty under this provision
faces a sentence of up to two years of imprisonment, a fine, or both.