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scolding of electricity department officals

(Querist) 02 March 2010 This query is : Resolved 
hi all,

one of friend scold electricity department officals will there be any problem legally....can that offical put a case on my friend.....pls help on this
A V Vishal (Expert) 02 March 2010
S.186 OF IPC. Obstructing public servant in discharge of public functions
Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

S.187 OF IPC. Omission to assist public servant when bound by law to give assistance
Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both;

and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a not, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
Guest (Expert) 02 March 2010
Yes, if your friend voluntarily obstructs any public servant in the discharge of his public functions or he bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, then he can be prosecuted under above mentioned sections of IPC.
I do agree with Mr Vishal
Parveen Kr. Aggarwal (Expert) 02 March 2010
Section 353 of the Indian Penal Code, 1860:

"Section 353. Assault or criminal force to deter public servant from discharge of his duty:- Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."

O. Mahalakshmi (Expert) 08 March 2010
Yes, He will be prosecuted. But in this case the matter may not be serious.


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