Maharashtra to amend IPC Section 353 for attack on public servants

Citing “misuse” of the law by police against politicians, the Maharashtra government is planning to water down the stringent amendments brought to Section 353 of the Indian Penal Code (assault or criminal force to deter public servant from discharge of his duty) within three months.Deputy Chief Minister Devendra Fadnavis, who also holds the Home portfolio, told the Vidhan Sabha on Wednesday that while the Section 353 of the IPC was amended by him as the chief minister in 2017 following frequent attacks faced by police personnel, it has emerged that the section is being increasingly “misused” by police against politicians. After the amendment to Section 353 in 2017, under the Section 353(a), the maximum punishment was increased from two to five years and a case charged under the section was made triable by a sessions court as against a trial by magistrate court.

Speaking in the Lower House, Fadnavis said, “This is a serious issue if the court has asked for a case against an officer on extortion charges and sections of the Prevention of Corruption (PC) Act. An ACP rank officer is conducting inquiry into the matter and will be asked to submit the report within a month’s time. Also it would not be proper for him to continue at the post so he will be sent on forced leave till the time the report is submitted in the matter. MLA Bhaskar Jadhav said that earlier as well, when Dilip Walse Patil was the state Home Minister the issue of misuse of 353 (a) by policemen had been raised and representatives of all parties agreed it was being misused.Fadnavis said that he had himself brought the amendment in 2017 making the section more stringent with a higher punishment following repeat attacks on policemen.The Home Minister said that later it came to light that the section was being misused by some policemen against public representatives.