16.
The answer is: C
Explanation
The correct option is C: Non-bailable and Cognizable. This means that the accused cannot get bail as a matter of right and the police can arrest them without a warrant.
The explanation for this is as follows :
- Section 353 of the Indian Penal Code (IPC) deals with assault or criminal force to deter public servant from discharge of his duty.
- A public servant is any person who is employed by the government or performs a public duty, such as a judge, a police officer, a teacher, etc.
- Assault or criminal force is defined as any act that causes fear or harm to another person, or prevents them from doing something that they are legally entitled to do.
- Section 353 IPC applies when such assault or criminal force is done to a public servant while they are performing their duty, or with the intent to prevent or deter them from doing so, or as a consequence of their lawful actions as a public servant.
- The purpose of this section is to protect the public servants from any interference or obstruction in their work, and to ensure the smooth functioning of the administration of justice and public order.
- The punishment for this offence is imprisonment for up to two years, or a fine, or both.
- The procedure for trial under this section is given in the Code of Criminal Procedure, 1973 (CrPC). According to Section 2(c) of the CrPC, a cognizable offence is one where the police can arrest the accused without a warrant. According to the First Schedule of the CrPC, Section 353 IPC is a cognizable offence.
- According to Section 2(a) of the CrPC, a bailable offence is one where the accused can get bail as a matter of right, unless there are reasonable grounds to believe that they will abscond or tamper with the evidence. According to the First Schedule of the CrPC, Section 353 IPC is a non-bailable offence.
- Therefore, Section 353 IPC is a non-bailable and cognizable offence. This means that the accused cannot get bail as a matter of right and the police can arrest them without a warrant. This reflects the seriousness of the offence and the need to protect the public servants from any violence or intimidation.