IPC 353 vs BNS 353
● Retained in BNSAssault or Criminal Force to Deter Public Servant
Section 353 of the Indian Penal Code, 1860, deals with cases where a person assaults or uses criminal force against a public servant with the intent to obstruct, resist, or prevent them from performing their official duty. This section recognizes the importance of safeguarding public officials while performing lawful duties.
Key points:
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Covers acts where a public servant is attacked or hindered during duty.
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Punishment: Imprisonment up to 2 years, or fine, or both.
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Ensures protection of law enforcement and government officers from obstruction or intimidation.
For example, hitting a police officer while they are arresting someone or preventing a revenue officer from performing inspections falls under IPC 353. This section emphasizes legal accountability for interfering with official duties.
Assault or Criminal Force to Deter Public Servant
Section 353 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 353. It punishes acts where a person assaults or uses criminal force against a public servant to obstruct or resist official duty.
Key points:
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Applies to attacks on public servants performing lawful duties.
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Punishment: Imprisonment up to 2 years, or fine, or both.
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Protects government officials from illegal obstruction and threats.
For instance, preventing a police officer from performing duty by assaulting them qualifies under BNS 353. This ensures legal safeguards for officials carrying out public responsibilities.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 353 to BNS BNS 353.