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What is Assault or Criminal Force? What is the punishment? Section 353, 354, 355, 356, 357 and 358 of Indian Penal Code 1860

Assault or Criminal Force and Punishment under Indian Penal Code is defined under Section 353, 354, 355, 356, 357 and 359 of Indian Penal Code 1860. Provisions under these sections are:

 

 

 

Section 353 of Indian Penal Code. "Assault or criminal force to deter public servant from discharge of his duty"

Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

STATE AMENDMENT

Maharashtra.-
Amendment of section 353 of 45 of 1860.--In section 353 of the said Code, for the words "two years" the words "five years" shall be substituted.
[Vide Maharashtra Act 40 of 2018, sec. 3]

 

Section 354 of Indian Penal Code. "Assault or criminal force to woman with intent to outrage her modesty"

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, 1 [shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine].

STATE AMENDMENT

Chhattisgarh.-
In Section 354 of the Penal Code, the following proviso shall be inserted, namely: -
Provided that where offence is committed, under this Section by a relative, guardian or teacher or a person in a position of trust or authority towards the person assaulted, he shall be punishable with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years and shall also be liable to fine.

[Vide Chhattisgarh Act 25 of 2015, sec. 3]
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1. Subs. by Act 13 of 2013, s. 6, for "shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both" (w.e.f. 3-2-2013).
 

Section 355 of Indian Penal Code. "Assault or criminal force with intent to dishonour person, otherwise than on grave provocation"

Whoever assaults or uses criminal force to any person, intending thereby to dishonour that 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 two years, or with fine, or with both

 

Section 356 of Indian Penal Code. "Assault or criminal force in attempt to commit theft of property carried by a person"

Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property which that person is then wearing or carrying, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

Section 357 of Indian Penal Code. "Assault or criminal force in attempt wrongfully to confine a person"

Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both

 

Section 358 of Indian Penal Code. "Assault or criminal force on grave provocation"

Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

Explanation- The last section is subject to the same Explanation as section 352

 

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