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Last Updated On 17-Nov-2021
Criminal

Is Beating a government officer non-bailable?

My friend had beaten a Sub Registrar using his hands and legs, also pushed a couple of people who tried to stop. Under what sections can this case fall? Is it non-bailable? Also, the other party is saying they will keep it under section 307 and non-bailable. Any help in this matter si highly appreciated. Thanks in advance!

( Hyderabad, Telangana )

10-Nov-2021

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A.Dear Sir,
Yes, it is non bailable if Section 307 is included. Moreso, the judges and judiciary always see such offence as serious offence and may deny bail. However, get anticipatory bail before hand that is before arrest from Sessions Court or High Court.

Posted On 17-Nov-2021
Kishan Dutt Kalaskar
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Considering facts of the case your friend will be charged u/s 353 of IPC .it's a non bailable offence and sessions court having jurisdiction to file the bail.The punishment for this section increased to five years.
Posted On 11-Nov-2021
Vidhikarya
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Beating or threatening any government employees during their exercise of official duty is an offence under Sec 353 of IPC which is non bailable. Try to settle the matter by good means and/or also seek anticipatory bail from concerned Court in order to avoid arrest. 307 would b attracted if there was grievous hurt which could have been fatal. .
Posted On 11-Nov-2021
Vidhikarya
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Dear client,
This would most likely come under section 353: Assault or criminal force to deter public servant from discharge of his duty. But this would be applicable if the government official was working at the time. Section 307 may be applicable if the friend had the knowledge and intention of attempting to murder. This depends upon the facts of the situation.
Thank you.
Posted On 11-Nov-2021
Vidhikarya
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