Section 353 IPC 

Introduction

In a country like India, we constantly hear about crimes like violence, assault, discharge, and other similar offences; these kind of crimes are very frequent in our country and occur virtually every day. Similarly, public officials are frequently exposed to severe risks when carrying out their official tasks, and the law protects them in particular by imposing highly deterrent punishments on those who break the law. Section 353 of the Indian Penal Code, 1860 (IPC) deals with this issue, and this article explains it. Before understanding Section 353, it's important to understand what force and assault are, and how they prevent public workers from performing their duties.

Force

Force is defined under Section 349 of the IPC. It does not constitute an offence; rather, it clarifies the meaning of the term force. It indicates that whenever a person causes motion, change of motion, or cessation of motion to another, that person is considered to use force. In addition, the individual who initiates the motion use one of the three methods described below:

First, must be with his own physical strength.

Second, by disposing of any material in such a way that motion, change, or cessation of motion occurs without any additional action on his or any other person’s part.

Finally, by causing an animal to move, adjust its motion, or stop moving.

A person is said to use force in any of the three methods listed above, even if a person inspires an animal to move or influences the other person’s feelings. The accused would be the one who induces the animal. It is not required to make direct contact with the individual who is doing the crime; it may be done without it.

The exertion of energy or power that causes a movement or change in the external environment is known as force. The term “force” as defined in this section refers to force exerted by a person on another human. It excludes the use of violence against inanimate objects. The usage of the term another throughout the section demonstrates this. As a result, a motion, change of motion, or cessation of motion-induced to property without harming a human being is not considered the use of force under this provision.

Criminal force

When a person uses force on another individual without their permission in order to conduct an offence and with the aim of inflicting harm to that individual in the form of injury, fear, or irritation, that person is said to be employing criminal force on the other person. It is punishable under Section 350 of IPC.

Assault

Assault is defined in Section 351 of the Indian Penal Code as anyone who makes any gesture or preparation with the intent or knowledge that such gesture or preparation would then cause any person present to suspect that the person making the gesture or preparation might be about to use criminal force against that person.

According to the Oxford Dictionary assault is “An act that threatens bodily damage to a person (whether or not actual harm is done)”. It’s a word that’s simple to grasp yet complex to define. A simple threat might be seen as an attack. The essence of the crime is the psychological effect that the threat has on the victim.

Words alone do not constitute an attack. However, the words a person says might give his actions or preparations such a meaning that they become an assault.

Ingredients of assault

Gestures or planning: the accused must make a gesture or plan to use unlawful force.

Such preparations or gestures should be done in the presence of the person in whose respect it is made.

The conduct was done with the goal of causing fear of damage or injury;

The conduct made the victim fearful that he might be hurt as a result of another person’s actions.

Assault is a non-cognizable offence that can be charged, bailed, and compounded. Any Magistrate can hear the case.

Punishment for assault and criminal force

When there are no aggravating circumstances such as specified in Sections 353 to 358 of the IPC, assault or use of criminal force is punishable under Section 352.

When someone assaults or uses criminal force on another without being provoked, then that person may be punished to three months in jail, a fine of up to INR 500, or both. Section 352 defines it.