Indian Penal Code, 1860
Section 353
repealedAssault 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 to 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.
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.