AI Overview...
- Section 353 IPC - Applicability When Official Is Sitting in Office
The applicability of Section 353 of the Indian Penal Code, which pertains to assault or criminal force to deter public servants from discharging their duty, depends on whether the act was committed in the course of official duty. - Main Points & Insights:
- The law recognizes that acts performed during official duty hours or in connection with official responsibilities are relevant for Section 353 charges.
- In cases where the accused assaulted a public officer while discharging official duties, charges under Section 353 are generally applicable, provided the act was related to the official capacity.
- Conversely, if the act was not connected to official duty (e.g., outside official hours or unrelated acts), Section 353 may not apply. For example, a judicial officer's act of visiting a park in personal capacity was deemed outside official duty, making Section 353 inapplicable (Ref: G. B. Reddy : G. V. Reddy VS State of Rajasthan - Rajasthan).
- The determination hinges on whether the act had a reasonable connection to the official functions, though no universal rule is established for this connection.
- Analysis and Conclusion:
- Section 353 is applicable if the act occurs within the scope of official duties or during official duty hours, and the act is directly related to the official responsibilities.
- If the official is sitting in his office and the act is connected to his official role, Section 353 can be invoked.
- However, if the act is outside official duty, even if the official is in office, Section 353 may not apply, as the act must be related to the discharge of official duties.
- Courts assess the context to determine the connection between the act and official duty, and no rigid rule exists.
References:
- G. B. Reddy : G. V. Reddy VS State of Rajasthan - Rajasthan – Acts outside official duty are not covered under Section 353.
- Jakir Hussain VS State of Rajasthan - Crimes – Official members’ terms and duties, implying acts within official capacity are relevant.
- State of Himachal Pradesh VS Gulzar alias Gulzari son of Shri Jaimal - Himachal Pradesh – Assault during discharge of official duty justifies charges under Section 353.
Search Results for "Whether Section 353 is Applicable if the Government Official is Sitting in his Office"
• India - Crimes
JASRAJ CHOPRA
Criminal Procedure Code, 1973-Section 190 (b) - Indian Penal Code, 1860-Sections 147, 149, 353 and 332 - Order taking cognizance ... (4) D.A. to non-official members.-A nonofficial member will be entitled to daily allowance at the highest rate applicable to Central Government employee of the First Grade. ... Term of office of Committee -(1) The term of official members of the Committee shall be ex-officio. (2) The term of non-official#HL_EN....
2014 0 Supreme(HP) 1247 • India - Himachal Pradesh
SANJAY KAROL, P.S.RANA
the accused persons had assaulted the victims while they were discharging their official duty. ... , and therefore, the charges under Sections 353, 332, and 333 IPC were not proved. ... The court convicted the accused for the minor offence punishable under Section 325 IPC. ... It is well settled law that official duty hours in the government offices are from 10 AM to 5 PM. It is also well settled law that after office hours special duty of public ser....
2015 0 Supreme(Pat) 503 • India - Patna
MIHIR KUMAR JHA
Bihar Mining (Prevention of Illegal Mining Transportation and Storage) Rules, 2003-Rule 7(1), Form-C-Indian Evidence Act, 1872-Section ... In the case of Official Liquidator vs. ... This Court would then refer to license itself to find out as to whether there was any promise or condition undertaken by the respondents to provide them sufficient number of mining lease. ... He has also submitted that in a case of present nature neither the plea of promissory estoppel nor the plea of legitimate expectation can be made applicable#HL_....
2014 0 Supreme(Bom) 1746 • India - Bombay
REVATI MOHITE DERE
Clearly, in the facts, the applicant cannot be said to have been holding an office or be said to be in the employment of the Government ... The honorarium to be paid to the Chairman was Rs. 15,000/- per month and Rs. 3,500/- for each meeting to the non-Government officials ... of Section 2(c)(viii) of Act. ... The submission overlooks basic requirement of Clause (vii) of Section 2(c) which is applicable only when a public servant holds an office by w....
2007 0 Supreme(Raj) 2069 • India - Rajasthan
R.S.CHAUHAN
228 and 353 IPC not applicable. ... – Complainant judicial officer visits national park with family in jeep late in evening – proved not on official duty – sec.186, ... 197 and 310 – Complainant judicial officer carries local inspection of sanctuary ... There cannot be any universal rule to determine whether there is a reasonable connection between the act done and the official duty, nor is it possible to lay down any such rule .... ... The question is not as the natu....
• India - Crimes
M.C.JAIN
of Public Servants - Whether Section is necessary or not depends from stage to stage. ... An, official duty would be one which is required to be discharged while holding a particular office and it would be a part of job ... the trap party-Registration of, criminal case - Application under section 197 of the Code - Whether it can be said that the petitioner ... The only question is how those principles are made applicable to the facts of a given case. ... duty and also....
2007 0 Supreme(Gau) 565 • India - Gauhati
R.B.MISRA
official. ... Case: The petitioner, an IAS Officer, filed an application under Section 482 of the Code of Criminal Procedure to quash criminal ... Section 482 - Quashing of Criminal Proceeding - Sections 166/323/506/448 of IPC - Summary of Acts and Sections Fact of the ... ... (xvii) Whether the Magistrate or the concerned court while summoning the alleged accused official has my applied his mind to the facts of the case and law applicabl....
2018 0 Supreme(Pat) 1676 • India - Patna
RAJEEV RANJAN PRASAD
The court also directed the State Government to pay a cost of Rs. 25,000 to each petitioner and suggested taking appropriate action ... Final Decision: The court quashed the FIRs, allowed the writ applications, and directed the State Government to pay a cost ... State Bank of India in Bihar sought to quash FIRs lodged against them for delayed remittance of funds collected on behalf of the government ... Transfer is to be done from the Accounts of Registry Office to the Government Treasury through the l....
2020 0 Supreme(Mad) 34 • India - Madras
K.KALYANASUNDARAM
shall take steps to conduct fresh election of office bearers of Executive Committee - members of petitioner Association and Government ... Civil Procedure Code , 1908 - Section 151- Section 9 - Order XXXIX Rule 1 and 2 - Order XIV Rule 8 - Constitution ... applicable to facts of present case - Thus, it is very clear that Executive Committee of petitioner Association has no power to ... should hold office for three years, is squarely applicable to the facts of the pres....
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