Pune: Anyone who raises their hands on government servant or police and even traffic police when they are on duty then they are booked under section 353 of Indian Penal Code (IPC). This year in comparison to the government employees the police have been targeted more in the city at the end of July. So far a case has been registered against 13 people under section 353. However, now the state government has amended section 353 of IPC and this section has been made bailable. Also, the provision of punishment under this has been made for two years instead of five years. So, in a way, those who raised their hands on the police have got relief, but because of the political leaders the gangsters are going to suffer more.
Section 353 of the Indian Penal Code for assault or use of criminal force to dissuade a public servant from performing his duties, previously provided for a five-year sentence and the offence under this section was non-bailable. Moreover, the case filed under this section was tried in the sessions court, but now a bill to amend IPC, 1860 and Code of Criminal Procedure, 1873 applicable in Maharashtra has been introduced in assembly. Accordingly, Section 353 of the IPC and first schedule of the criminal procedure code have been amended. The government has issued an ordinance in this regard.
What is the Amendment?
As per the amendment, this Act shall be called the ‘Indian Penal Code and Code of Criminal Procedure (Maharashtra Amendment) Act, 2022. While the Indian Penal Code, 1860 was in force in the state, the provision of punishment in section 353 was substituted for ‘up to five years’ by ‘up to two years’ also as amended in the First Schedule of the Code of Criminal Procedure, 1973, under Section 353, imprisonment for two years or fine or both, cognisable and bailable, has been mentioned.
What will be the effects of the change?
Policemen working on the streets have to deal with people who have gangster tendencies. Traffic police, marshals who run to help are beaten and pushed day and night. Now, the types of harassment with government employees will increase. Things will be done by threats and beatings. It is feared that they will be blackmailed.
Advocate Milind Dattatray Pawar, former president, Pune District Bar Association, Pune said, ” Earlier the prevention of Adulteration Act was also cognisable, non-bailable and triable in sessions court. It too was later converted to a bailable and triable case in the Court of First Class Magistrate. That made it easy for the counterfeiters. The same thing is going to happen now because of this change.”
