Accidental Brushing While Overtaking Does Not Amount to Assault on Public Servant: Kerala High Court

The Kerala High Court quashed criminal proceedings against a private bus driver accused of brushing against a judge’s official vehicle while overtaking.

The Court held that such an incident, in the absence of intention or use of criminal force, cannot attract offences like assault on a public servant under Section 353 IPC.

It observed that the act was purely accidental and lacked the essential ingredients of criminal intent or obstruction.

Mere physical contact during a road incident, without any deliberate action, cannot be criminalised. Accordingly, the Court set aside the proceedings against the driver.