Indian criminal law | Public tranquillity
IPC Section 152 and BNS Section 195: Assaulting or Obstructing a Public Servant During Riot Control
Section 152 of the Indian Penal Code, 1860 dealt with assaulting, threatening, obstructing or attempting to obstruct a public servant engaged in dispersing an unlawful assembly or suppressing a riot or affray. Its corresponding current provision is Section 195 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What did IPC Section 152 provide?
Under the former IPC Section 152, a person who assaulted or threatened to assault, obstructed or attempted to obstruct, or used, threatened or attempted to use criminal force against a public servant acting in the course of dispersing an unlawful assembly or suppressing a riot or affray could be punished with imprisonment of either description for up to three years, or fine, or both.
IPC Section 152 remains relevant when examining conduct governed by the former law, including older prosecutions. The BNS came into force on 1 July 2024, subject to applicable commencement and savings provisions.
BNS Section 195: Current legal provisions
Section 195(1): Actual assault, obstruction or criminal force
This subsection covers a person who assaults or obstructs a public servant, or uses criminal force against that public servant, while the officer is performing official duties in endeavouring to disperse an unlawful assembly or suppress a riot or affray.
Punishment: Imprisonment of either description for a term extending to three years, or a fine of not less than Rs. 25,000, or both.
Section 195(2): Threats and attempts
This subsection covers threatening to assault, attempting to obstruct, or threatening or attempting to use criminal force against a public servant performing those riot-control or dispersal duties.
Punishment: Imprisonment of either description for a term extending to one year, or fine, or both. The subsection does not prescribe the Rs. 25,000 minimum fine specified in subsection (1).
IPC Section 152 vs. BNS Section 195
| Issue | Former IPC Section 152 | Current BNS Section 195 |
|---|---|---|
| Conduct covered | Assault, obstruction, threats and attempts in one provision | Actual assault, obstruction or force in 195(1); threats and attempts in 195(2) |
| Maximum imprisonment | Up to 3 years | Up to 3 years under 195(1); up to 1 year under 195(2) |
| Fine | Fine, or imprisonment, or both | Fine of at least Rs. 25,000 as an alternative under 195(1); fine without a specified minimum under 195(2) |
| Protected activity | Dispersing an unlawful assembly or suppressing a riot or affray | The same specified public duties |
Essential ingredients of the offence
- Public servant: The person affected must be a public servant acting in the discharge of the relevant official duty.
- Specified duty: The official must be endeavouring to disperse an unlawful assembly or suppress a riot or affray.
- Prohibited act: The accused must have engaged in conduct covered by Section 195(1) or Section 195(2), as applicable.
- Connection to duty: The alleged assault, obstruction, force, threat or attempt must relate to the public servant's performance of that specified duty.
Whether the ingredients are established depends on the evidence and the precise allegations. Not every disagreement with a public servant, or every incident involving a police officer, automatically attracts Section 195.
Meaning of key legal expressions
Public servant: The expression is defined for BNS purposes in Section 2(28), and covers the statutory categories of persons performing specified public functions.
Assault: Under the BNS definition, an assault may involve a gesture or preparation that causes another person to apprehend imminent use of criminal force; actual physical contact is not always necessary.
Criminal force: Force intentionally used against another person without consent in circumstances and for purposes specified by the criminal law.
Unlawful assembly: BNS Section 189(1) addresses an assembly of five or more persons sharing one of the prohibited common objects described in that subsection.
Rioting: BNS Section 191(1) concerns force or violence used by an unlawful assembly, or its member, in prosecution of the assembly's common object.
Affray: Under BNS Section 194(1), two or more persons commit an affray when, by fighting in a public place, they disturb public peace.
Cognizable, bailable and trial classification
| BNS provision | Cognizability | Bail | Triable by |
|---|---|---|---|
| 195(1): Actual assault, obstruction or criminal force | Cognizable | Bailable | Magistrate of the first class |
| 195(2): Threats or attempts | Non-cognizable | Bailable | Any Magistrate |
Classification is based on the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Additional charges can affect the overall procedure in an individual case.
Practical illustrations
Example 1: A person physically pushes a police officer who is lawfully dispersing an unlawful assembly. Depending on the facts, the conduct may attract BNS Section 195(1).
Example 2: A person threatens to strike an officer who is suppressing a riot but does not carry out the threat. Depending on the facts, BNS Section 195(2) may be relevant.
Example 3: A person attempts to block an officer carrying out riot-control duties but does not actually obstruct the officer. The allegation may fall under Section 195(2), subject to proof.
Related provisions
- BNS Section 189: Unlawful assembly and related offences.
- BNS Section 190: Liability of members of an unlawful assembly for offences committed in prosecution of a common object.
- BNS Section 191: Rioting and its punishment.
- BNS Section 194: Affray.
- BNS Section 195: Assaulting or obstructing public servants engaged in riot suppression.
Frequently asked questions
What replaced IPC Section 152?
Section 195 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 152 and applies under the new criminal law regime from 1 July 2024.
What is the punishment under BNS Section 195(1)?
Imprisonment of either description up to three years, or a fine of not less than Rs. 25,000, or both.
What is the punishment for threats or attempts under BNS Section 195(2)?
Imprisonment of either description up to one year, or a fine, or both.
Are offences under BNS Section 195 bailable?
Both subsections are bailable under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. Subsection (1) is cognizable, while subsection (2) is non-cognizable.
Is BNS Section 152 the replacement for IPC Section 152?
No. The corresponding provision for IPC Section 152 is BNS Section 195. BNS Section 152 deals with a different offence concerning acts endangering sovereignty, unity and integrity of India.
Official legislation and references
- India Code - Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023)
- India Code - Official BNS Act PDF
- National Crime Records Bureau - BNS provisions
- National Crime Records Bureau - BNSS First Schedule classification
- Bureau of Police Research and Development - IPC to BNS correspondence reference
This article is general legal information. Check the statutory text, relevant amendments, and applicable judicial decisions for the facts and date of a particular case. Last reviewed: 29 October 2026.