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Indian Penal Code, 1860 · Chapter XVI: Of Offences Affecting the Human Body · Of Criminal Force and Assault

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

The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BNS section 132 (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 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.

State amendments to this section

Maharashtra.— Amendment of section 353 of 45 of 1860.—In section 353 of the said Code, for the words “two years” the words “five years” shall be substituted. [Vide Maharashtra Act 40 of 2018, sec. 3]

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Supreme Court judgments citing the section 353