IPC 353 → BNS 132: Assault Public Servant

IPC 353 (now BNS 132): Assault or Criminal Force to Deter a Public Servant

IPC Section 353 punishes assault or use of criminal force on a public servant to deter or prevent him from discharging his duty. From 1 July 2024 it continues as Section 132 of the Bharatiya Nyaya Sanhita (BNS) 2023.

Punishment under BNS 132 (same as IPC 353)

Imprisonment up to 2 years, or fine, or both. The penalty is unchanged from old IPC 353.

What changed from IPC to BNS?

There is no major change — only the section number moved from IPC 353 to BNS 132. The essence remains the obstruction of public functions through force or assault. New FIRs cite BNS 132.

Worked example

A municipal team arrives to remove an illegal encroachment and B shoves and grabs an officer to stop the demolition. The use of criminal force to deter the public servant from his duty makes B liable under BNS 132 — even if no real injury is caused.

Practical notes

• For advocates: distinguish bare force or assault (BNS 132) from voluntarily causing hurt to deter a public servant (IPC 332 to BNS 121(1)), where actual hurt is inflicted, and from mere obstruction of a public servant (IPC 186 to BNS 221), which does not involve force. These charges frequently overlap with criminal intimidation (IPC 506 to BNS 351(2)).
• The defence often turns on whether the official was acting in lawful discharge of duty at the time.