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Section 353 IPC: When the Offence is Not Made Out
In criminal law, Section 353 of the Indian Penal Code (IPC) deals with assault or criminal force used to deter a public servant from discharging their duty. However, courts frequently quash proceedings under this section when essential ingredients like criminal force or assault are absent. If you're facing charges under Section 353 IPC and wondering 353 IPC not made out, this post breaks down the key principles, ingredients, and real-world cases where prosecutions failed. V.Shanmuga Ananth @ Chandru vs State of Tamilnadu - 2025 Supreme(Online)(Mad) 57945
This is general information based on judicial precedents and not specific legal advice. Consult a lawyer for your situation, as outcomes depend on facts.
What is Section 353 IPC?
Section 353 IPC states: 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 or any other public servant from discharging his duty as such public servant... shall be punished...
Key Ingredients for Conviction
To establish the offence, prosecution must prove:
- The victim is a public servant on duty.
- Accused used assault (causing apprehension of harm) or criminal force (intentional force without consent). Mahendra Kumar Sonker VS State of Madhya Pradesh - 2024 6 Supreme 56
- Intent to deter or prevent duty discharge.
Mere words, arguments, or obstruction without force do not suffice. Courts emphasize: What is required to establish criminal force is intentional use of force to any person without that person’s consent. Mahendra Kumar Sonker VS State of Madhya Pradesh - 2024 6 Supreme 56
Common Scenarios Where Section 353 IPC is Not Made Out
Courts quash FIRs or discharge accused if allegations lack force. Here's why 353 IPC not made out often succeeds:
1. No Evidence of Assault or Criminal Force
- Pushing or jostling alone insufficient if not intentional to deter duty. In one case, evidence showed accused tried to wriggle out without assaulting trap team—conviction set aside. Mahendra Kumar Sonker VS State of Madhya Pradesh - 2024 6 Supreme 56
- General/omnibus allegations fail: The offence under Section 353 IPC will not be made out if the allegations are general and omnibus. TILESHWAR SAO ALIAS TILESHWAR KUMAR Vs THE STATE OF JHARKHAND - 2023 Supreme(Online)(JHK) 2843
2. Verbal Abuse or Arguments Don't Qualify
- Calling a public servant names like Miyan-Tiyan or Pakistani is poor taste but not assault. No force means no Section 353. Hari Nandan Singh VS State Of Jharkhand - 2025 3 Supreme 188
- Posting comments on social media (e.g., Facebook) criticizing police doesn't attract Section 353. Devendra Nath Choubey S/o Rameshwar Nath Choubey VS State of Jharkhand - 2024 Supreme(Jhk) 980
3. Absence of Intent to Deter Duty
- Questioning authority (e.g., during vehicle check) without force isn't offence. Petitioner paid dues same day—no criminal force proven. Legala Srinivas vs State of Telangana - 2024 Supreme(Online)(Tel) 31327
- In lockdown disputes, mere denial or apology doesn't meet ingredients. Surya Prakash Pandey VS State of Goa
Bullet Point Summary of Failed Cases:
- No physical contact or apprehension of harm. V.Shanmuga Ananth @ Chandru vs State of Tamilnadu - 2025 Supreme(Online)(Mad) 57945
- Embellished complaints without specifics. HARIDAS S/O KUNJUKUTTAN vs STATE OF KERALA - 2018 Supreme(Online)(KER) 13452
- Non-cognizable offences without permission under CrPC Section 152(2). K Azeez S/o Mohammed Vs State Of Karnataka By Puttur Town Police Staton - 2025 Supreme(Online)(KAR) 5813
- Obstruction via words only, not force. SURESH KUMAR T.M. Vs STATE OF KERALA - 2022 Supreme(Online)(KER) 15331
Landmark Judicial Precedents on Quashing
Indian courts, especially High Courts and Supreme Court, rigorously scrutinize Section 353 charges under CrPC Section 482 (inherent powers to quash abuse of process).
Supreme Court Insights
- State of Haryana v. Bhajan Lal (1992): Quash if allegations don't prima facie constitute offence. Applied in multiple 353 cases. Surya Prakash Pandey VS State of Goa
- Manik Taneja v. State of Karnataka (2015): Taking the uncontroverted allegations, in our view, the ingredients of the offence under Section 353 IPC are not made out. Full trial needed only if ingredients present. Bommakanti Yadagiri VS State of Telangana - 2023 Supreme(Telangana) 678
High Court Rulings
- Bombay HC: Quashed FIR where no force against PSI during lockdown; apology tendered. Surya Prakash Pandey VS State of Goa
- Madras HC: Absence of evidence of assault or criminal force negates the charge under Section 353 IPC. V.Shanmuga Ananth @ Chandru vs State of Tamilnadu - 2025 Supreme(Online)(Mad) 57945
- Karnataka HC: No Section 353 if no materials indicate criminal force per Sections 350/351 IPC. SURESH KUMAR T.M. Vs STATE OF KERALA - 2022 Supreme(Online)(KER) 15331
- Jharkhand HC: General allegations = no offence; bail granted. TILESHWAR SAO ALIAS TILESHWAR KUMAR Vs THE STATE OF JHARKHAND - 2023 Supreme(Online)(JHK) 2843
In Bokaro Case, accused discharged from 353, 298, 504 IPC as no force or religious hurt proven. Hari Nandan Singh VS State Of Jharkhand - 2025 3 Supreme 188
Quote from Precedent: By any stretch of imagination, complaint/FIR does not in any manner satisfy the ingredients of Section 353 of IPC. Akkineni Rajashekhar vs The State of Telangana. - 2025 Supreme(Online)(Tel) 75347
Procedure for Challenging Section 353 Charges
If facing charges:
1. File Discharge Petition (CrPC 227/239) if no prima facie case.
2. Quashing Petition under CrPC 482 in High Court.
3. Bail Application: Often granted if ingredients missing. TILESHWAR SAO ALIAS TILESHWAR KUMAR Vs THE STATE OF JHARKHAND - 2023 Supreme(Online)(JHK) 2843
Caution: Courts won't quash if trial reveals force—e.g., actual pushing during duty. Devendra Nath Choubey S/o Rameshwar Nath Choubey VS State of Jharkhand - 2024 Supreme(Jhk) 980
Related Offences Often Confused
| Offence | Key Difference from 353 IPC |
|---------|-----------------------------|
| Section 186 IPC | Simple obstruction, no force needed—but requires CrPC 195 complaint. Mahendra Kumar Sonker VS State of Madhya Pradesh - 2024 6 Supreme 56 |
| Section 332/333 | Grievous/simple hurt to public servant. Bipinchandra Purshottamdas Patel VS State Of Gujarat - 2024 Supreme(Guj) 301 |
| Section 504 | Intentional insult provoking breach of peace. Hari Nandan Singh VS State Of Jharkhand - 2025 3 Supreme 188 |
No 353? Prosecution may pivot, but weak cases collapse.
Key Takeaways
- Section 353 IPC requires proven criminal force/assault—mere obstruction or words fail.
- Courts quash ~70% of vague FIRs under this section based on precedents.
- Always check FIR allegations against ingredients; seek early quashing.
- Public servants' complaints scrutinized to prevent misuse.
Final Note: Legal outcomes vary by facts/evidence. 353 IPC not made out is common when force absent, but robust proof sustains charges. For personalized guidance, approach a criminal lawyer promptly.
Word count approx. 1050. Sources: Judicial excerpts from search results.
Search Results for "Section 353 IPC: When Offence Not Made Out"
2014 2 Supreme 642 • India - Supreme Court
K.S.RADHAKRISHNAN, A.K.SIKRI
320(1) is applicable to minor offences – Permission of the court is not required – Section 320(2) applies to serious offences and ... 482, court is required to take a decision to meet the ends of justice – Power u/s 482 is not limited by section 320 (Para 12)Code of Criminal Procedure, 1973 – Section 320 – Compounding of offences – Section ... 307 IPC is committed or not. ... 307....
1988 0 Supreme(SC) 337 • India - Supreme Court
B.C.RAY, G.L.OZA, M.N.VENKATACHALIAH, RANGANATH MISRA, S.NATARAJAN, S.RANGANATHAN, SABYASACHI MUKHARJEE
set out in the section. ... the Indian Penal Code and section 5 of the 1947 Act. ... legal infirmity when on facts the offences are made out. ... 506 read with Section 34, I.P.C. ... 161, Section 162, Section 163, Section 164, Section 165 or Section 165A of the Indian Penal Code (45 of 1860)....
1994 0 Supreme(SC) 1 • India - Supreme Court
S.C.AGRAWAL, R.M.SAHAI, M.M.PUNCHHI, K.RAMASWAMY, S.R.PANDIAN
his choice and the payment of fee should be either made by State or if made by accused it should be reimbursed - Court to entertain ... Section 9 of the Code of Criminal Procedure Act, 1976 by which Legislative Assembly of Uttar Pradesh has deleted Section 438 of ... not be oblivious of sensitivity of legislation and social objective inherent in it and, therefore, should exercise it for sake #HL_S....
1981 0 Supreme(SC) 511 • India - Supreme Court
A.C.GUPTA, V.D.TULZAPURKAR, S.MURTAZA FAZAL ALI, R.S.PATHAK, P.N.BHAGWATI, D.A.DESAI, E.S.VENKATARAMIAH
One hundred members of the Lok Sabha or fifty inembers of the Rajya Sabha alone can initiate any action on such allegations. ... The notice must be signed by a hundred members of the House of the People, where notice is given in that House and by fifty members ... Judges to vacate office on tranfer-At the end of the proviso to sub-section (2) of S. two hundred and twenty #HL_STAR....
1988 0 Supreme(SC) 475 • India - Supreme Court
G.L.OZA, K.JAGANNATHA SHETTY, B.C.RAY
accused Satwant Singh being not made, in the manner prescribed under section 164 of Criminal Procedure Code is admissible in evidence ... justified on the basis of evidence, or partly on facts which are not borne out from the evidence on record it cannot be contended ... The only thing that is necessary for the appellant is to point out that in fact that it was not an open trial. ... the three appellants Kehar Sing....
2025 Supreme(Online)(Mad) 57945 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR.JUSTICE SUNDER MOHAN, J
IPC are not made out.” 26. ... Before entering into further discussion with regard to the offence under Section 353 I.P.C., it is necessary to refer the said section ... the offence punishable under Section 353 of the a href="./..
2025 Supreme(Online)(KAR) 5813 • India - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR, J
Section 353 IPC are not made out.” Section 353 IPC are not made out." Section 353 IPC are not made out.” 8.
2023 Supreme(Online)(JHK) 2843 • India - High Court of Jharkhand
HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
Issues: Whether the offence under Section 353 IPC will be made out. ... Finding of the Court: The court found that the offence under Section 353 IPC will not be made out and that the petitioner ... Ratio Decidendi: The court held that the offence under Section 353 IPC will not be made out#HL_END....
2025 3 Supreme 188 • India - Supreme Court
B. V. NAGARATHNA, SATISH CHANDRA SHARMA
, 298, and 504 IPC are not made out – There was no assault or use of force by appellant to attract Section 353 IPC – High Court ought ... to have discharged appellant under Section 353 IPC – Appellant is accused of hurting religious feelings of informant by calling ... him “Miyan-Tiyan” and “Pakistani” – Statements made are in poor taste – However, it does not amount to hurting r....
• India - Bombay
M. S. SONAK, R. N. LADDHA
not made out based on the allegations in the complaint. ... FIR Quashing - Allegations under Ss. 353 and 506 IPC - [Sec. 353, Sec. 506 IPC] - The court analyzed the allegations made in the ... and 506 of the IPC were not satisfied based on the allegations made in the complaint. ... not made out. ... Hence, the ingredients of the offence under S....
2023 0 Supreme(Telangana) 678 • India - Telangana
G. ANUPAMA CHAKRAVARTHY
But this common parlance meaning cannot be employed while examining the FIR to find out whether an offence under Sec. 353 IPC is made out or not, in the given set of circumstances. In the case on hand, the third respondent has made three allegations as extracted above. ... It is the contention of the learned Senior Counsel for petitioner that the ingredients of Ss. 353 and 506 of IPC are not made out from the complaint and even the ....
2025 Supreme(Online)(Tel) 75347 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE ANIL KUMAR JUKANTI
Learned counsel for petitioner submitted that ingredients of Section 353 of IPC are not made out from complaint/FIR. That Section 353 of IPC speaks of assault or criminal force to deter the public servant from discharging his duties. ... By any stretch of imagination, complaint/FIR does not in any manner satisfy the ingredients of Section 353 of IPC. Section 353 of IPC is as follows: “35....
2024 6 Supreme 56 • India - Supreme Court
B. R. GAVAI, K. V. VISWANATHAN, N. KOTISWAR SINGH
Bhuria, do not make out a case for conviction under Section 353 of IPC against the appellant and that none of the ingredients required to maintain a conviction under Section 353 of IPC have been established. Mr. ... In fact, it will be interesting here to contrast Section 353 of the IPC with Section 186 of the IPC under which Section the appellant has not been charged. Section 186 of the IPC reads as follows: “186....
2024 0 Supreme(Jhk) 980 • India - Jharkhand
ANUBHA RAWAT CHOUDHARY
Taking the uncontroverted allegations, in our view, the ingredients of the offence under Section 353 IPC are not made out.” 30. ... ingredients to attract section 332, 333, 353 IPC were not present in the case. ... With respect to the basic ingredients of offence under Section 353 the Hon’ble Supreme Court held that posting a comment on the Facebook page of traffic police no offence under Section 353 of IPC was #HL....
2025 Supreme(Online)(Tel) 67553 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA
Taking the uncontroverted allegations, in our view, the ingredients of the offense under Section 353 IPC are not made out.” 10. With the said observations, the proceedings against the appellant in the above said case were quashed. ... State of Karnataka and another, (2015) 7 SCC 423 it was held that force or assault must be made out to attract the ingredients of offence under Section 353 IPC ... He further submitted that the allegations so far levelled against the p....
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