- Section 353 makes the offence of assaulting or using criminal force to deter a public servant from discharging his duties punishable. This offence is cognizable, bailable and non-compoundable, and is triable by any magistrate.
- Hence, under your mentioned facts, 353 IPC not made out.
- Section 307 IPC is cognizable and is non-bailable as well as non-compoundable and is exclusively triable by the Court of Sessions.
- Hence, he should move an application before the Session Court for getting bail , on the ground of false & fabricated FIR.
- Further, the legal functions of the police are to deal with the detection and investigation of crime, arrest of offenders, collection of evidence etc.
- In order to keep a check and to curtail the severe problem of police violence or abuse, the Supreme Court of India instructed the government at state and district level to set up Independent Police Complaints Authority.
- Hence, the acts of brutely beating him , is against the norms and ethical code of criminal provision.
- He should lodge his complaint against that police official before the higher official of police department there, and thereby lodge an FIR.
- Further, he can also lodge his complaint before the National Human Rights Commission (NHRC) and State Commissions for prevention of violations of human rights as well.