Only actual assault or criminal force against a public servant constitutes an offence under Section 353 IPC; mere verbal obstructions do not.

ORDER

Petitioners are accused Nos.2 and 3 in Crime No.974 of

2022 of Thalassery Police Station, now pending as C.C.No.583 of 2023 on the files of the Judicial Magistrate of First Class, Thalassery wherein they are facing prosecution for the offences punishable under Sections 143 , 147, 279, 294(b), 353, 283 and 149 of IPC . The crux of the prosecution allegation is that, by about 2:30 am on 19.12.2022, while the Sub Inspector of Police, Thalassery was conducting patrolling duty along with police party, certain youngsters were found driving their car at high speed and in a rash and dangerous manner. The Sub Inspector stopped the vehicle in order to prevent those persons from continuing the dangerous act and tried to take the vehicle into custody. At the same time the other accused also came to the spot, abused the police in obscene language and prevented the Sub Inspector from taking custody of the vehicle. Thereupon, policemen came to the spot on receiving the information from the Sub Inspector. Some of the accused then ran away from the spot, while two others were apprehended.

2. Learned counsel for the petitioners contended that even accepting the allegations in their entirety, the offence under Section 353 is not attracted. In elaboration of the contention, it is submitted that for attracting the offence under , the accused should have either assaulted or used criminal force to obstruct a public servant from discharging his official duty. The prosecution allegation as against the petitioners is only of having abused the policemen and obstructed the Sub Inspector from taking custody of the vehicle. There is not even a whisper of the petitioners having either assaulted or used criminal force. Reliance is placed on the decisions of the Apex Court in B.N.John v. State of U.P. and Another [2025 SCC OnLine SC

7] andUmashankar Yadav v. State of Uttar Pradesh , through Chief Secretary [2025 KHC OnLine 6455] in support of the argument. It is then contended that, if at all, the driver of the car alone can be prosecuted for the offences under Sections 279 and 283 of IPC and the abusive words uttered by the accused are not capable of attracting the offence under Section

294(b) of IPC .

3. Learned Public Prosecutor submitted that the accused had abused the police and physically obstructed the de facto complainant from taking custody of the vehicle. The said act amounts to assault and the petitioners are hence liable to be prosecuted under Section 353 of IPC .

4. It is settled law that the following ingredients are essential for attracting the offence under Section 353 ;

(i) use of assault or criminal force on a public servant during execution of his duty. (ii) with the intention (a) to prevent or deter discharge of such duty or (b) as a consequence of anything done or attempted to be done in the lawful discharge of his duty.

5. Force, assault and criminal force are defined in Sections 349, 351 and 350 of IPC . A person is said to use force when :

(i) He causes motion, change in motion or cessation of motion of another person by :

(a) use of bodily power; or (b) using a substance which comes in contact of the body, wearing apparel etc. or with anything which affects the other person's senses; or (c) inducing any animal to move or change its motion or cease to move.

6. Assault involves any gesture or preparation which is done with the intention that such gesture or preparation will cause an apprehension about use of criminal force.

7. Criminal force is defined as use of force by a person in order to commit an offence or done with the intention that such force will cause or is likely to cause inj