Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Jostling & Pusing To Wriggle Out Of Arrest Didn't Amount to Criminal Use Of Force : Supreme Court Sets Aside Conviction U/S 353 IPC
The Supreme Court of India overturned the conviction of a man under Section 353 of the IPC, ruling that merely jostling and pushing to avoid arrest does not amount to criminal use of force against a public servant. The court emphasized that the accused's actions did not fulfill the criteria for an offense under Section 353, which involves assault or criminal force against a public servant to deter them from discharging their duty. This decision highlights the importance of distinguishing between genuine resistance and criminal force, particularly in cases involving public servants.