The Nagpur bench of the Bombay High Court has ruled that a case under Section 353 cannot be registered in the alleged attack on a State Bank of India (SBI) employee as he is not a ‘public servant’ as per Section 21 of the Indian Penal Code (IPC).
Section 353 of the former Indian Penal Code (IPC) makes it a crime to assault or use criminal force against a public servant to stop them from doing their job. If a public servant is attacked, then an FIR can be filed under Section 353.
First understand the case
Madhukar Ranglal Pawar, the president/principal of the Pratima Shikshan Prasarak Mandal trust in Barshi Takli, Akola district, was booked by the local police for assaulting and threatening a State Bank of India (SBI) branch manager.
The incident occurred inside the SBI branch in Barshi Takli, Akola. Pawar entered the branch, engaged in a heated argument with SBI bank manager Pandhare, verbally abused him, and physically shoved him while scattering official documents from his desk. He also threatened the manager with further violence.
Following a formal complaint registered by the SBI branch manager, the Barshi Takli police registered a case against Madhukar Pawar under Indian Penal Code (IPC) Sections 353 (Assault or criminal force to deter public servant from discharge of his duty), 504 (Intentional insult with intent to provoke breach of the peace), and 506 (Criminal intimidation).
He subsequently approached the Bombay High Court (Nagpur Bench) seeking to quash the FIR and the Bombay High Court has now given its verdict.
What Court said?
The court stated that Banks employees are not public servants and clarified that since the complainant (bank employee) himself is not a public servant under Section 21 of the IPC, the basic element of Section 353 is not proved. Therefore, the court allowed Pawar’s review application. This means that bank employees can’t file FIR under Section 353. If a customer attacks bank employees, then they will have to follow the normal procedure as applicable to other citizens.
Download Court Order PDF (This PDF is available for Premium Users Only. Click here to join premium)
