सं Samvidhan

Indian Penal Code, 1860

Section 353

repealed

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

Why this exists

Like the hurt-based provisions for public servants, this section protects officials from being physically threatened or pushed around while doing their jobs, even where no actual injury results, since the assault or force itself interferes with the functioning of government.

How courts read it

Courts have held that the public servant must be acting within the scope of lawful duty at the time; if the official's own action was clearly outside their authority or illegal, this special protection may not apply, though the ordinary assault provisions still could.

Common misconceptions
  • Myth: This only applies if the public servant is actually injured.
    Fact: Unlike the hurt provisions, this section covers assault and use of force even without any injury resulting, as long as it targets a public servant doing lawful duty.