BNS Section 195: (1) Assaulting or obstructing public servant when suppressing riot, etc
Equivalent Legacy Law: IPC Section 152
Procedural Classification Summary
Assaulting or obstructing
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 3 years,public servant whenor fine not less thanthe first class. suppressing riot, etc.25,000 rupees, or both
Threatening to assault or
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Non-cognizable (Police cannot arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 1 year,attempting to obstructor fine, or both. public servant when suppressing riot, etc
Official Legal Provision / Summary
The Section 152 in the IPC regarding 'assaulting or obstructing public servants when suppressing riots, etc.' has been divided into two parts and included in Section 195 of the new law (BNS): one for the offence of assaulted in the section of public servants and the other for threatening to assault or attempt to obstruct, having different punishments and fines. The minimum threshold for a fine is twenty-five thousand rupees, and ‘or uses criminal force on any public servant' is added. 195 (2) Assaulting or obstructing public servant when suppressing riot, etc. 152 In cases where the offender threatens to assault or attempts to obstruct a public servant or threatens or attempts to use criminal force on a public servant in the described situations, the punishment includes imprisonment of a term that may extend to one year. A fine may also be imposed under this sub-section. This is a rare case of a reduction in punishment.