Section 353 IPC: Assault or criminal force to deter public servant from discharge of his duty
Indian Penal Code, 1860
Section 353 IPC at a Glance
Section 353 IPC deals with assault or criminal force to deter public servant from discharge of his duty. It is non-bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 132 BNS.
Imprisonment of either description for a term up to two years under both codes.
Section 353 IPC Bare Act Text
353. 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.
Source: Section 353, Indian Penal Code, 1860
Section 353 IPC in Simple Words
Section 353 of the Indian Penal Code (IPC) punishes assault or the use of criminal force against a public servant to deter the discharge of official duty. It applies where the public servant is in the execution of his duty, or where force is used with intent to prevent or deter that person from discharging his duty, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty.
The punishment is imprisonment of either description for a term which may extend to two years, or with fine, or with both. The offence is cognizable, non-bailable, triable by any Magistrate, and not compoundable under Section 320 CrPC.
Ingredients of Section 353 IPC
- The person subjected to the act was a public servant
- The accused committed an assault or used criminal force to that public servant
- The assault or criminal force was used against the 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
Punishment Under Section 353 IPC
Imprisonment of either description for a term up to two years under both codes.
The court may impose a fine alone or in addition to imprisonment under both codes.
Assault or criminal force to deter a public servant carries imprisonment of either description for up to two years, or fine, or both. This offence is classified as cognizable, non-bailable, triable by any Magistrate, and non-compoundable.
Example of Section 353 IPC
When Section 353 IPC Does Not Apply
- Section 353 IPC does not apply when the person against whom assault or criminal force is used is not a public servant.
- Section 353 IPC does not apply when the accused argues with or verbally abuses a public servant without committing an assault or using criminal force.
- Section 353 IPC does not apply when the assault or criminal force occurs during a purely private dispute unrelated to the execution, prevention, or lawful discharge of the public servant's official duty.
- Section 353 IPC does not apply when the public servant is acting wholly outside the scope of lawful official duty and without any colour of office.
Section 353 IPC in the BNS
Section 353 IPC is now covered under Section 132 BNS.
Section 353 IPC corresponds to Section 132 BNS. The offence, the three statutory limbs, and the punishment of imprisonment of either description up to two years, or fine, or both, remain unchanged in substance across both enactments.
View detailed comparison (IPC 353 vs BNS 132) →FAQs on Section 353 IPC
What does Section 353 IPC punish?▼
Section 353 IPC punishes assault or criminal force used against a public servant executing duty, or to deter that public servant from duty, or in consequence of acts done in lawful discharge of duty.
What is the punishment under Section 353 IPC?▼
The punishment is imprisonment of either description for a term extending up to two years, or with fine, or with both.
What are the three situations covered by Section 353 IPC?▼
The section covers force used while the public servant executes duty, force used with intent to deter the officer from duty, or force used in retaliation for acts done in the lawful discharge of duty.
Must intent to deter be proved in every case under Section 353 IPC?▼
No. Intent to deter is required only under the second limb; assault during the execution of duty or in consequence of past lawful duty constitutes an offence without proving intent to deter.
Is Section 353 IPC cognizable and bailable?▼
An offence under Section 353 IPC is cognizable and non-bailable under the First Schedule to the CrPC.
Which court tries offences under Section 353 IPC?▼
An offence under Section 353 IPC is triable by any Magistrate.
Can an offence under Section 353 IPC be compounded?▼
No. Section 353 IPC is not listed in Section 320 CrPC and cannot be compounded.
What is the corresponding provision for Section 353 IPC in the Bharatiya Nyaya Sanhita?▼
Section 353 IPC corresponds to Section 132 BNS, where the ingredients and punishment of two years imprisonment or fine remain substantively identical.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·