IPC Sections 353 to 358: Assault or Criminal Force and Punishment
Sections 353 to 358 of the Indian Penal Code, 1860 dealt with particular forms of assault or criminal force, including acts against public servants, women, acts intended to dishonour a person, attempts to steal property carried by a person, attempts at wrongful confinement, and acts committed on grave and sudden provocation.
Meaning of assault and criminal force under the IPC
For these provisions, the underlying concepts are found in the preceding IPC sections. Section 351 IPC defines assault. In substance, assault concerns a gesture or preparation made with the intention or knowledge that it is likely to cause a person present to apprehend that criminal force is about to be used against that person. Criminal force is dealt with in Section 350 IPC and involves intentional use of force without consent for committing an offence, or with the intention or knowledge of likely injury, fear or annoyance.
Section 353 IPC: Assault or criminal force to deter public servant from discharge of duty
Section 353 applied where a person assaulted or used criminal force against a public servant while that public servant was executing his duty, with intent to prevent or deter the public servant from discharging that duty, or in consequence of something done or attempted in the lawful discharge of that duty.
Punishment: imprisonment of either description for a term which could extend to two years, or fine, or both under the central IPC provision.
Essential elements: there must be assault or criminal force; the victim must be a public servant; and the conduct must have the statutory connection with the lawful discharge of public duty described in Section 353.
Maharashtra State amendment
The original page correctly records the Maharashtra amendment made by Maharashtra Act 40 of 2018, substituting five years for two years in Section 353. State amendments therefore had to be checked where applicable.
Section 354 IPC: Assault or criminal force to woman with intent to outrage her modesty
Section 354 applied where a person assaulted or used criminal force against a woman intending to outrage, or knowing it to be likely that the act would outrage, her modesty.
Punishment immediately before the BNS transition: imprisonment of either description for not less than one year and up to five years, and fine. This punishment reflected the amendment made by the Criminal Law (Amendment) Act, 2013.
The offence required not merely assault or criminal force against a woman, but the specific intention or knowledge required by Section 354.
Chhattisgarh State amendment
The source page also records the Chhattisgarh amendment providing enhanced punishment where the offence is committed by a relative, guardian, teacher, or person in a position of trust or authority. State-specific amendments should be verified for the place and date of the alleged offence.
Section 355 IPC: Assault or criminal force with intent to dishonour a person
Section 355 dealt with assault or criminal force used with the intention of dishonouring a person, otherwise than on grave and sudden provocation given by that person.
Punishment: imprisonment of either description for up to two years, or fine, or both.
The intention to dishonour is an important ingredient distinguishing this offence from the general punishment for assault or criminal force under Section 352 IPC.
Section 356 IPC: Assault or criminal force in attempt to commit theft of property carried by a person
Section 356 applied where assault or criminal force was used against a person while attempting to commit theft of property that the person was wearing or carrying.
Punishment: imprisonment of either description for up to two years, or fine, or both.
The provision therefore connected the assault or criminal force with an attempt to steal property being worn or carried by the victim.
Section 357 IPC: Assault or criminal force in attempt wrongfully to confine a person
Section 357 applied where a person assaulted or used criminal force against another person in attempting wrongfully to confine that person.
Punishment: imprisonment of either description for up to one year, or fine up to Rs. 1,000, or both.
For the underlying concept of confinement, see the site's article on wrongful confinement under Sections 340 and 342 IPC and related provisions.
Section 358 IPC: Assault or criminal force on grave and sudden provocation
Section 358 dealt with assault or criminal force committed on grave and sudden provocation given by the person against whom the force or assault was directed.
Punishment: simple imprisonment for up to one month, or fine up to Rs. 200, or both.
The statutory explanation made Section 358 subject to the same explanation as Section 352. Accordingly, provocation did not mitigate the offence where it was sought or voluntarily provoked by the offender as an excuse, arose from something done in obedience to law or by a public servant lawfully exercising official powers, or arose from the lawful exercise of the right of private defence. Whether the provocation was grave and sudden enough was a question of fact.
Pre-BNS CrPC classification of Sections 353 to 358 IPC
| IPC section | Nature of offence | Cognizability | Bail | Court |
|---|---|---|---|---|
| 353 | Deter public servant from duty | Cognizable | Non-bailable | Any Magistrate |
| 354 | Outraging modesty of woman | Cognizable | Non-bailable | Any Magistrate |
| 355 | Intent to dishonour | Non-cognizable | Bailable | Any Magistrate |
| 356 | Attempted theft of property worn or carried | Cognizable | Bailable | Any Magistrate |
| 357 | Attempt wrongfully to confine | Cognizable | Bailable | Any Magistrate |
| 358 | Grave and sudden provocation | Non-cognizable | Bailable | Any Magistrate |
Quick distinction between Sections 353 to 358 IPC
The sections were differentiated primarily by the purpose, victim or surrounding circumstance of the assault or criminal force. Section 353 protected public servants in the lawful discharge of duty; Section 354 addressed specified conduct against women; Section 355 required an intention to dishonour; Section 356 concerned attempted theft of property worn or carried; Section 357 concerned attempted wrongful confinement; and Section 358 dealt with grave and sudden provocation.
Important note on the change from IPC to BNS
The Bharatiya Nyaya Sanhita, 2023 replaced the IPC for the new criminal-law regime from 1 July 2024. This article intentionally preserves the IPC position immediately before that transition. For an incident governed by the earlier law, the date of the alleged offence and the applicable saving and transition provisions should be considered rather than assuming that the current section numbering automatically applies.
Disclaimer: This article is a general legal reference and not a substitute for advice on the facts of a particular case. State amendments and the law applicable on the date and place of an alleged offence may affect the position.