Bharatiya Nyaya Sanhita, 2023
BNS Section 195
Assaulting or obstructing public servant when suppressing riot, etc
In one line
BNS Section 195 deals with assaulting or obstructing public servant when suppressing riot, etc and replaces IPC 152 (now 195(1)), IPC 152 (now 195(2)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 195(1) | Assaulting or obstructing public servant when suppressing riot, etc. | Imprisonment for 3 years, or fine not less than 25,000 rupees, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 195(2) | Threatening to assault or attempting to obstruct public servant when suppressing riot, etc. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 195
195. Assaulting or obstructing public servant when suppressing riot, etc.
(1) Whoever assaults or obstructs any public servant or uses criminal force on any public servant in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which shall not be less than twenty-five thousand rupees, or with both.
(2) Whoever threatens to assault or attempts to obstruct any public servant or threatens or attempts to use criminal force to any public servant in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
What changed from the IPC
- IPC 152 → BNS 195(1): 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.
- IPC 152 → BNS 195(1): The minimum threshold for a fine is twenty-five thousand rupees, and 'or uses criminal force on any public servant' is added.
- IPC 152 → BNS 195(2): 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.
- IPC 152 → BNS 195(2): A fine may also be imposed under this sub-section.
- IPC 152 → BNS 195(2): This is a rare case of a reduction in punishment.
Frequently asked
What was BNS Section 195 in the IPC?
BNS Section 195 (Assaulting or obstructing public servant when suppressing riot, etc) replaces Section 152 of the Indian Penal Code, 1860. IPC 152 is now BNS 195(1). IPC 152 is now BNS 195(2).
What is the punishment under BNS 195(1)?
Assaulting or obstructing public servant when suppressing riot, etc – punishable with imprisonment of either description for a term which may extend to three years, or with fine which shall not be less than twenty-five thousand rupees, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 195(2)?
Threatening to assault or attempting to obstruct public servant when suppressing riot, etc – punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
Is BNS 195 bailable?
Bailable: BNS 195(1), 195(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 190 — Every member of unlawful assembly guilty of offence committed in prosecution of common object
- BNS 191 — Rioting
- BNS 192 — Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed
- BNS 193 — Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place
- BNS 194 — Affray
- BNS 196 — Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
- BNS 197 — Imputations, assertions prejudicial to national integration
- BNS 198 — Public servant disobeying law, with intent to cause injury to any person
- BNS 199 — Public servant disobeying direction under law
- BNS 200 — Punishment for non-treatment of victim