In India specific protections for public servants is provided under various laws. One such law is Section 353 of the Indian Penal Code (IPC), which aims to safeguard public servants from any assault or criminal force while they are carrying out their official duties. However, not every case results in a conviction, as seen in a present case involving a Patwari accused of bribery.
The Case at Hand: A Patwari’s Bribe and the Trap Proceedings
In this case, the appellant, a Patwari, was accused of demanding a bribe of Rs. 500 from the complainant. The complainant, unwilling to pay, lodged a formal complaint with the Superintendent of Police under the Prevention of Corruption Act. Following this, a trap was organized to catch the Patwari in the act of accepting the bribe. The trap team waited near his residence, and when the appellant returned home, the complainant approached him and handed over the money.
Upon receiving the signal from the complainant, the trap team moved in to arrest the Patwari. However, in an attempt to escape, the appellant allegedly resisted arrest, leading to a physical struggle between him, the trap party, and his wife. The prosecution accused the Patwari of using criminal force under Section 353 of the IPC to deter the public servants from carrying out their duty.
Section 353 of IPC: What Does the Law Say?
According to Section 353 of the IPC, whoever assaults or uses criminal force against a public servant while they are executing their duty can be punished. The section is designed to prevent obstruction and harm to public servants who are performing their roles. Importantly, the term “criminal force” refers to the intentional use of physical force without consent and with an unlawful purpose. However, for a conviction under Section 353, the prosecution must prove that there was a clear intent to use force to deter the public servant from performing their lawful duties.
Thus none of ingredients of S.353, attracted and Appellant acquitted for offence u/S.353.
Mahendra Kumar Sonkar, Supreme Court