IPC 352 is a section of the Indian Penal Code that deals with the offense of "assault or criminal force to deter public servant from discharge of his duty."
According to this provision, anyone who uses force or assault against a public servant, with the intention of deterring that public servant from performing their duties, can be punished with imprisonment for up to three years, along with a fine. The punishment may be increased if the public servant sustains any injuries as a result of the assault.
This provision is in place to ensure the safety and security of public servants, who are often required to perform their duties in challenging and potentially dangerous situations. It is meant to protect them from being attacked or harassed while carrying out their duties, and to ensure that they are able to perform their duties without fear or intimidation.
However, it is important to note that the use of force or assault must be intentional and with the intention of deterring the public servant from performing their duties. Simply using force or assault against a public servant, without the intention of deterring them from performing their duties, would not be covered under this provision.
In conclusion, IPC 352 is a important provision in the Indian Penal Code that serves to protect public servants from being attacked or intimidated while performing their duties. It is meant to ensure that they are able to carry out their duties without fear, and to ensure the safety and security of those who serve the public.
IPC 352 in Hindi
What happens in national emergency in India? It is not done without any use of force. Can you hit someone for provoking you? In assault, the accused must be having enough means and ability to carry his threat into the intended result. You would have to move a bail application forthwith before the Metropolitan Magistrate, Patiala House who would either take cognizance or commit it. But the words which a person uses may give to his gestures or preparations amount to an assault. The following are some examples from Non-bailable Offences under the Indian Penal Code. Explanation:— Mere words do not amount to an assault. For committing of an offence; or b.
Yes, it shows criminal intent. If the force does not cause any injury; it is constituted as a criminal force as it is executed with a mental element, and is externally acted to achieve the results. A less serious form offenece compared to criminal force. There is an apprehension of use of force only and no use of real force. The Emergency in India was a 21-month period from 1975 to 1977 when Prime Minister Indira Gandhi had a state of emergency declared across the country. It does not contemplate force against inanimate objects.
Throwing water upon a person is an assault. It is done to another person with the use of criminal force with an intention to harm the other person. It is the use of criminal force to that person. Even use of criminal force includes an assault. The application of force is actionable even though it is the slightest amount of force. Thus, the law requires the accused to be without consent. It has something more in it as the intentional application of force to the person of another without lawful justification is necessary.
Here court observed that when the motion is caused or change in motion caused, or cessation of motion is caused to the external object or substance or thing which is in possession or in contact, it does not affect that person, then it cannot be considered as force, it will not be the use of force. That can be used in a positive sense also; Eg: If someone uses force to protect someone from falling down, to protect from an injury. Thus the act cannot be considered as a criminal force. It is an overt act indicating sudden intention to commit criminal force coupled with the capacity of carrying out the intention into effect. There is no external force used upon the person. There is no physical contact. .
Hence, criminal force requires more than the use of force. The law should be implemented properly so that every person is protected by law. Secondly:— By disposing of any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person. It is said to commit an assault. Besides this, the article shows the distinction between criminal force and assault that gives a clear idea about the concept. With the intention to cause fear, injury or annoyance to the other with knowledge. Here, if X intends to cause injury, fear or annoyance to Y, he uses criminal force to X.
And the mere fact that the result was somehow escaped by some act will be immaterial. Can you be sued for provoking someone? Which cases are non bailable? What does Article 356 of the Constitution say? The act of using force must be without the consent of the person to whom such force is being used. It is not an offence. Force means efficacy and signifies strength, vigour, might, energy, power, violence, armament, necessity. Therefore it is the use of force by the accused. Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
IPC Section 352. Punishment for assault or criminal force otherwise than on grave provocation
Eg:- the accused tried to beat a person with a stick and raise it with force against the victim, but the victim escaped and frustrated the achievement of the intended result. More serious form of offence when compared to assault. भारतीय दंड संहिता की धारा 352 के अनुसार, जो भी कोई व्यक्ति किसी अन्य व्यक्ति पर गंभीर तथा आकस्मिक उत्तेजना के बिना हमला या आपराधिक बल का उपयोग करता है, तो उसे किसी एक अवधि के लिए कारावास की सजा जिसे तीन वर्ष तक बढ़ाया जा सकता है, या पाँच सौ रुपये तक आर्थिक दंड, या दोनों से, दण्डित किया जाएगा। लागू अपराध गंभीर उत्तेजना के बिना हमला या आपराधिक बल का प्रयोग करना। सजा - तीन वर्ष कारावास या पाँच सौ रुपये तक आर्थिक दंड या दोनों। यह एक जमानती, गैर-संज्ञेय अपराध है और किसी भी मजिस्ट्रेट द्वारा विचारणीय है। यह अपराध पीड़ित व्यक्ति जिस पर हमला या आपराधिक बल का प्रयोग हुआ है द्वारा समझौता करने योग्य है।. From this, we understood that the use of force is mandatory but mere force is not punishable under law. It denotes the preparatory acts which cause apprehension of use of criminal force against the person.
Language to be used in representations for redress of grievances- Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be. It is necessary that the person assaulted believes that the assaulting person has the ability to apply the force so attempted by him, on reasonable grounds. The action of the wrongdoer is completed. In many jurisdictions, provocation is a defence to assault. Thus, the cause of injury or hurt is immaterial when other essentials of section 350 satisfy, ie; the intention or knowledge is enough. And criminal force uses the meaning of force in section 349 as for more clarity to section 350.
Force, Criminal Force and Assault Under I.P.C. & Their Difference
Thus, the law does not consider the act as a force when a thief broke into a house whose owner is not present there. Police do this alot and are often sued for it. It is necessary to understand what force is, to understand the definition of criminal force. In criminal force, assault is consummated by means and ability of that person. It is an attempt to commit criminal force. Eg: when a person negligently or carelessly pulls the veil of a woman, even though without consent as it was not an intentional act of force, neither I sit for committing an offence nor it is caused by an intention or knowledge to cause injury or fear or annoyance. It will not be called a mere force.
Thirdly:— By inducing any animal to move, to change its motion, or to cease to move. X has committed an assault. So A has committed an assault upon B. The Supreme court observed otherwise, saying that the snatching of the book was capable of fulfilling the essence of section 349. Section 349 defines force but it is not treated as an offence.