Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The distinction between offences under Section 353 (use of criminal force to deter a public servant) and Section 332 (causing hurt to deter a public servant) is recognized, but courts often consider them together when assessing acts of violence against police ["Devendra Nath Choubey S/o Rameshwar Nath Choubey VS State of Jharkhand - Jharkhand"], ["STATE VS. VISHWANNA RAGHUNATH SHINDE vs VISHWANNA R.SHINDE - Bombay"], ["State of Rajasthan : Banwari Lal VS Sanwal Ram : Sanwal Ram - Rajasthan"].
Analysis and Conclusion:
References:- ["Devendra Nath Choubey S/o Rameshwar Nath Choubey VS State of Jharkhand - Jharkhand"]- ["Lalan Kumar @ Lalan Kumar Yadav vs The State of Bihar - Patna"]- ["STATE VS. VISHWANNA RAGHUNATH SHINDE vs VISHWANNA R.SHINDE - Bombay"]- ["STATE VS. VISHWANNA RAGHUNATH SHINDE vs VISHWANNA R.SHINDE - Bombay"]- ["JAGU PRABHAT VASAVA vs STATE OF GUJARAT - Gujarat"]- ["Md. Jalil Miah, son of Ali Mia @ Kala Mia VS State of Tripura - Tripura"]- ["State of Rajasthan : Banwari Lal VS Sanwal Ram : Sanwal Ram - Rajasthan"]- ["AAHANA vs STATE OF KARNATAKA - Karnataka"]
In tense situations like protests or public agitations, mobs sometimes confront police officers, leading to assaults and verbal abuse while demanding immediate action. But does this automatically make individuals guilty under specific Indian Penal Code (IPC) provisions? Specifically, if the mob assaults the police and abuses them demanding action, can some named persons be held guilty for the offences under Section 353 and Section 332 of the IPC?
This question arises frequently in cases involving public unrest. While such acts are serious, liability under these sections isn't automatic. This blog post breaks down the legal requirements, drawing from key judicial interpretations and precedents. Note: This is general information based on legal principles and is not specific legal advice. Consult a qualified lawyer for your situation.
Section 353 IPC deals with assault or criminal force to deter a public servant from discharging their duty. It punishes acts intended to obstruct or intimidate officials like police officers while they perform lawful functions. Punishment can include up to 2 years imprisonment, fine, or both. [
#IPC353 #AssaultOnPolice #CriminalLawIndia
1, 2, 13, 22, 36) ... ... (B) Ingredients of Section ... 332, 333, 353 IPC were not present in the case. ... After recording the aforesaid findings, the trial court held the accused persons guilty of offence under section 353,504/34 of IPC but acquitted for offence under section 448 of IPC. ... With respect to the basic ingredients of offence under Section 353....
Case No.259 of 2010, by which cognizance of the offences has been taken under Sections 147 , 149, 341, 323, 332, 337, 353, 160, 427, 504 of the Indian Penal Code against the petitioner and other named persons. ... It is the case of the petitioner that offences under Sections 323 , 332, 336 and 353 of the IPC is also not made out. ... I am, therefore, of the opinion that the necessary ingredients to attract sections....
under Sections 353, 332, 509,504, 506 Part II of IPC. ... 332 of IPC. ... and 353 of IPC. ... and 332 of IPC. ... The offence under Section 332 of IPC is serious ofence in comparison to the offence under Section 353 of IPC which is p style="position
The revision petitioner is found not guilty of the offences under Sections 143, 147, 353 and 332 of the Indian Penal Code, and accordingly, he is acquitted of the said offences in revision. The conviction and sentence against the revision petitioner in C.C. ... On an appreciation of the evidence, the trial court found the accused Nos. 3 to 10 not guilty of any offence, and they were acquitted. But the accused Nos. 1 and 2 were found guilty under Sect....
Thus, it cannot be said that the bar of Section 195(1) Cr.P.C. will be attracted even for offences punishable under Sections 353, 341, 332 read with Section 34 IPC and Section 506 IPC. Ld. State Counsel places reliance upon law laid down by Apex Court in case of Pankaj Aggarwal and others vs. ... But in view of the judgment of this court in AIR 1966 SC 1775 were the court has analysed the provisions of Section 353,....
held that the accused have committed offence punishable under Section 332 of IPC. ... There were about 10 to 15 persons in the mob. ... Therefore, it has to be held that A-1 and A-13 have committed the offences publishable under Sections 324, 332 and 353 of IPC and Sectoion 135 of BP Act. Section 333 of IPC to Section 332 of #....
or Section 353 of the IPC against the petitioners. ... At best, they are offences against accused 1 and 2. Section 353 of the IPC reads as follows: <353. ... in the manner that would become punishable for the offences punishable under Sections 353 and 332 of the IPC which is a matter of trial. ... Section 332 of the IPC ....
Section 332 - Criminal Appeal - 332 of the IPC - Summary Fact of the Case: The petitioners were convicted under Sections ... 332 of the IPC. ... identifications made after a significant time lapse and the insufficiency of mere presence in an unlawful assembly to establish guilt under Section ... Based on the said written ejahar, Nutanbazar PS Case No.09 of 2012 under Section 353/333/437/34 of the IPC was registered and taken up for investigation. After the investigat....
punishable under Section 353 of the I.P.C. against the accused, such accused could be convicted and sentenced either under Section 332 or 333 depending upon the nature of injuries caused. ... Therefore, it could not be held that all the persons, who were present there, were acting conjointly for the commission of the offence of robbery and they could not be held guilty under Section 395 of the I.P....
Sections 341, 332 and 353 of the I.P.C. and sentenced to undergo S.I. for 15 days for the offence under Section 341 of the I.P.C., R.I. of six months for the offence under Section 353 of the I.P.C. and R.I. of one year for the offence under Section 332 of the I.P.C. ... Charges have been framed for the offences under Sections 341, 332, 353, 337....
Sessions Judge, Mehsana at Vishnagar for the offences punishable under sections 302, 307, 333, 353, 324, 504 and 506(2) of the IPC and section 135 of the Gujarat Police Act. At the conclusion of the trial, the Trial Court held the appellant guilty of the offences punishable under sections 302, 324, 307, 353, 332 and 333 of the IPC and section 135 of the Gujarat Police Act. The Trial Court, having regard to the serious nature of the offence being one of triple murder, sentenced the appellant to death. The appellant, however, came to be acquitted by the Trial Court of the off....
Learned trial Court further observed that the prosecution has duly proved on record that all the accused in furtherance of the common intention of each other assaulted the public servant Kuldeep Singh, J.E. and caused obstruction in the discharge of his public duty and caused injuries on his person and damaged the public property of power grid and criminally intimidated the complainant. Thus, learned trial Court held the petitioners guilty and convicted them for commission of offence under Sections 353, 186, 332, 506 and 427 read with Section 34 IPC.
Pali for the offences under Section 143, 341, 323, 308, 332 & 353 IPC. This bail application has been filed under Section 438 CrPC in connection with FIR No. 332/2017 registered at Police Station Jaitaran, Dist.
Hence, place the matter on 04.08.2015 at 2.30 p.m. On 04.08.2015 at 2.30 Pm Now, the respondent sole will have to be heard through his Advocate on the question of sentence. To conclude, the respondent-accused must be held guilty of offences punishable under Sections 353 and 332 of the IPC which I accordingly do.
( 1 ) THIS appeal is arising out of judgment of conviction and order of sentence passed in Sessions Case No. 175/94, dated 11th June, 1996. The learned Additional Sessions Judge, Amravati, held the accused guilty of offences punishable under Sections 332, 353 and 324 of Indian Penal Code and sentenced under Section 332 of Indian Penal Code for R. I. for six months and fine of Rs. 500/ -.
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