HC: Assault cost can’t be invoked simply because an officer is in uniform

By Express News Service
KOCHI: Just as a result of a police officer is in uniform, the fees of assaulting a public servant within the lawful discharge of his responsibility (Section 353 of IPC) can’t be invoked in opposition to an individual, the Kerala High Court has dominated. Justice P V Kunhikrishnan issued the order whereas granting bail to 2 advocates who’re accused of assaulting an inspector of police on his means out of the High Court.

The petitioners are accused individuals in a case registered by the Ernakulam Central police. According to the prosecution, the complainant, who’s working because the inspector of police on the Bekal station, had come to the High Court in reference to an inquiry being carried out in opposition to him. The allegation in opposition to the police officer was that he had taken an accused in a case into custody and ill-treated him at Cherthala police station. The inquiry sitting in opposition to the police officer was performed by increased law enforcement officials and the advocate-general inside the High Court premises.

The lawyer, who was allegedly ill-treated by the police, and the inspector had been current for attending the inquiry. After the sitting, when the inspector was popping out of the High Court premises, some attorneys together with the petitioners fashioned an illegal meeting, began a riot armed with lethal weapons and assaulted him, based on the case.The counsel for the petitioners submitted that the registration of the case invoking Section 353 of IPC by the police was unlawful.

The courtroom acknowledged that to draw Section 353, one of many major elements is that the assault or prison power must be to discourage the general public servant from discharging his official responsibility. Admittedly, the police officer was attending an inquiry primarily based on a criticism filed by a lawyer. By no stretch of creativeness, it may be mentioned that he was within the lawful discharge of his responsibility as a public servant on the time of the alleged incident. Just as a result of he was in uniform, Section 353 wouldn’t entice on this case. How Section 353 IPC was added on this case stays a thriller, the courtroom ordered.