What facts are to be proved for convicting an accused for an offence U/S 353 of IPC?

 To convict an accused under Section 353 of the Indian Penal Code (IPC), which pertains to assault or criminal force against a public servant in the discharge of their duties, certain fundamental facts must be established. Here’s a detailed explanation of the essential elements required for conviction.

Key Elements for Conviction Under Section 353 IPC

The prosecution must prove the following essential elements:

- Assault or Criminal Force: There must be an act that constitutes an assault or the use of criminal force. According to Section 351 of the IPC, assault involves gestures or preparations that create a reasonable apprehension of imminent use of criminal force. Criminal force, as defined in Section 350, refers to the intentional use of force without consent, which is likely to cause injury, fear, or annoyance.

- Public Servant: The victim must be a public servant as defined under Section 21 of the IPC. This includes any person holding an office by virtue of which they are authorized to perform public duties.

- Intent to Deter: The act must have been committed with the intent to prevent or deter the public servant from discharging their duty. This means that the accused's actions were aimed at obstructing the public servant in their lawful execution of duty.

- Timing: The assault or use of force must occur while the public servant is performing their official duties or as a consequence of actions taken during such duties.

From the above, the essentials that constitute an offence under Section 353 may be inferred as:

• The victim is a Public Servant– As per Section 21 of the IPC, any officer or entity authorized by the Government or other competent authority, in course of their official duty, is regarded as a Public Servant.
• The said public servant has been assaulted or subjected to criminal force.
• Such action has taken place during the performance of duty by the public servant.
• Such action has been done to prevent or create disturbance in the performance of duty by the public servant.
• Such action has been caused as a result of anything done in such due duty of the public servant.

Conclusion

In summary, for a successful conviction under Section 353 IPC, it is imperative for the prosecution to establish that there was an assault or criminal force directed at a public servant with intent to deter them from performing their official duties. Judicial precedents highlight the necessity for concrete evidence demonstrating these elements, as courts have been cautious about misapplication of this provision in cases lacking substantial proof of physical assault or intent.