AI Overview...
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Section 353 of Bharatiya Nyaya Sanhita (BNS), 2023 - This section pertains to acts of assault or criminal force intended to prevent public servants from discharging their lawful duties. It is comparable to Section 353 of the Indian Penal Code (IPC). The section includes subsections (1) and (2), with the latter addressing specific procedural and legal nuances. KRISHNA S/O NAGAPPA NAIK v/s THE STATE OF KARNATAKA - Karnataka, H.B. Rudresh, S/o. H.H. Basavarajappa vs State of Karnataka, Ajjampura Police Station, Represented By State Public Prosecutor - Karnataka, Nalla Balu @ Durgam Shashidhar Goud vs State of Telangana - Telangana, MOHAN KUMAR M L vs STATE BY HOSADURGA P.S. - Karnataka
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Main Points & Insights:
- Section 353 (2) of BNS elaborates on the offense of obstructing public servants in the execution of their duties, similar to IPC's Section 353. It covers acts that threaten or use force against public officials to hinder their lawful functions. KRISHNA S/O NAGAPPA NAIK v/s THE STATE OF KARNATAKA - Karnataka, Nalla Balu @ Durgam Shashidhar Goud vs State of Telangana - Telangana
- The section is invoked in cases involving public mischief, threats, or violence against officials, with courts emphasizing the importance of clarity in FIRs regarding specific subsections. MOHAN KUMAR M L vs STATE BY HOSADURGA P.S. - Karnataka, NOUSHAD vs STATE OF KERALA - Kerala
- Legal proceedings often involve quashing of FIRs or charges if allegations are vague or do not specify the exact subsection under which the offense is claimed. The section's application extends to cases involving social media posts, public protests, or threats, where intent and conduct are scrutinized. MOHAN KUMAR M L vs STATE BY HOSADURGA P.S. - Karnataka, NOUSHAD vs STATE OF KERALA - Kerala, Kalvakuntla Taraka Rama Rao vs The State of Telangana - Telangana
- Section 353 (2) is also linked with other statutes, such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and is used in cases involving incitement or public alarm. Kalvakuntla Taraka Rama Rao vs The State of Telangana - Telangana
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Courts have noted that the section aims to protect public officials' duties by penalizing acts of violence or obstruction, but its application must be precise to avoid misuse. MR PRASANNA KUMAR vs STATE OF KARNATAKA - Karnataka, KRISHNA S/O NAGAPPA NAIK v/s THE STATE OF KARNATAKA - Karnataka
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Analysis and Conclusion:
- Section 353 of the BNS, 2023, is a crucial legal provision designed to safeguard public officials performing their duties by penalizing acts of violence or obstruction. Its scope closely aligns with the IPC's Section 353 but is tailored to the new legal framework introduced in 2023.
- Effective enforcement requires clarity in FIRs and specific allegations under the relevant subsections to ensure appropriate legal action.
- The section's application spans various contexts, including social media, protests, and official duties, emphasizing the importance of precise legal framing to prevent misuse.
- Overall, Section 353 (2) of BNS provides a comprehensive legal tool to maintain law and order concerning public officials' safety and duties. KRISHNA S/O NAGAPPA NAIK v/s THE STATE OF KARNATAKA - Karnataka, MOHAN KUMAR M L vs STATE BY HOSADURGA P.S. - Karnataka, NOUSHAD vs STATE OF KERALA - Kerala
References: - KRISHNA S/O NAGAPPA NAIK v/s THE STATE OF KARNATAKA - Karnataka - H.B. Rudresh, S/o. H.H. Basavarajappa vs State of Karnataka, Ajjampura Police Station, Represented By State Public Prosecutor - Karnataka - Nalla Balu @ Durgam Shashidhar Goud vs State of Telangana - Telangana - MOHAN KUMAR M L vs STATE BY HOSADURGA P.S. - Karnataka - NOUSHAD vs STATE OF KERALA - Kerala - Kalvakuntla Taraka Rama Rao vs The State of Telangana - Telangana - MR PRASANNA KUMAR vs STATE OF KARNATAKA - Karnataka
Search Results for "Section 353 of Bns"
2025 Supreme(Online)(KAR) 734 • India - High Court of Karnataka
MR. JUSTICE RAVI V.HOSMANI, J
Section 353 (2) of Bharatiya Nyaya Sanhita , 2023 (‘ a href="./..
2025 0 Supreme(Kar) 586 • India - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
BNS ' for short), which is Section 353 of the earlier regime, the INDIAN ... Therefore, it would not become an offence under Section 353 of the IPC or Section 132/
2025 0 Supreme(Telangana) 861 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.TUKARAMJI
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 192, 352, 353, 356, 61(2) - Information Technology Act, 2008 - Section 67 ... 192, 353(1)(b), 352, and 356 read with Section 61(2) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) and Section 67 of the Information ... Nor does it fall within Section 352 BNS on inten....
2025 Supreme(Online)(Kar) 15169 • India - Karnataka High Court
S.R.KRISHNA KUMAR, J
(A) BNS Act, 2023 - Sections 353(1) and 353(2) - Quashing of FIR filed by Police - Petitioner seeks to quash proceedings pending ... 353(2) of BNS C.C.No.668/2025 for the offence punishable under section 353(1) & 353(2) of BNS pending on the file of Prl. ... 353(2) of BNS, pending ....
2025 0 Supreme(Telangana) 473 • India - IN THE HIGH COURT OF TELANGANA
K.LAKSHMAN
BNS is akin to Section 504 of IPC, Similarly, Section 353Section 353 (2) a href="./.. ... Section 353 : Statements conducing to public mischief.
2025 Supreme(Online)(Ker) 42478 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
The FIR lacks clarity on which specific sub-clause of Section 353 is applicable. ... (A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Anticipatory bail - Accused charged under Sections 192 and 353(1) of ... Bharatiya Nyaya Sanhita, 2023 - Allegations of sharing a social media post causing public alarm are unclear leading to the non-necessity ... Since there is doubt as to the....
2024 Supreme(Online)(DEL) 32192 • India - High Court of Delhi
MR. JUSTICE JASMEET SINGH, J
(A) FIR No. 280/2024 - Sections 196, 353(2), 61 BNS, 2023 - Petition for quashing FIR alleging enmity and violence - Petitioner to ... ... ... Issues: The main issue is whether the FIR under the cited sections constitutes a valid offense. ... Shaheen Bagh dated 30.11.2024 under Section 196/353(2)/61 BNS, 2023 and all proceedings emanating therefrom. ... 196/#HL_STAR....
2025 Supreme(Online)(Tel) 16013 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, J
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) ... Act, 1989 - Sections 3(1)(u) - Criminal charges brought against the petitioner for a Twitter message alleged to incite public mischief ... 3 53(1)(c) and 353(2) of BNS, 2023 and Section 3 (1)(u) of the Act, 1989. ... 3 53(1)(c) and 353(2) of BNS#....
2025 Supreme(Online)(Kar) 33544 • India - Karnataka High Court
S.R.KRISHNA KUMAR, J
BNS , 2023. ... No.124/2024 dated: 28.09.2024 registered by Chamarajanagar Rural Police Station for the offence punishable under Section ... The jurisdiction of this Court under Section 482 Cr.P.C has been reiterated by the Apex Court in its recent judgment in the case
2025 0 Supreme(J&K) 2 • India - IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAHUL BHARTI, J
(A) Jammu & Kashmir Public Safety Act, 1978 - Section 8 - Preventive detention - The petitioner challenged the preventive ... 3/5 of the Officials Secrets Act, 1923 read with section 353/49 of Bharatiya Nyaya Sanhita (BNS), 2023 came to be registered by ... 3/5 of the Official Secrets Act, 1923 read with section 353/49 of Bharatiya Nyaya Sanhita (#HL_S....
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