Simply because an officer is in uniform section 353 IPC will not attract.

By U.Jayakrishnan (Advocate practising in high court of Kerala

Hon'ble Justice Kunhikrishnan while hearing an anticipatory bail observed that section 353 will not attract simply because of an officer in uniform. In order to attract section 353, one of the main ingredients is that the assault or criminal force should be to deter the public servant who was discharging his official duty.

The anticipatory bail application was moved by two lawyers, who were alleged to be part of a group of lawyers, who assaulted a police officer on the High Court premises. As per the police when the incident took place the police officer was attending an enquiry which was being conducted against him.

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RILGIN V. GEORGE Vs STATE OF KERALA.pdf

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