195. (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.
BNS Section 195: Assaulting or obstructing public servant when suppressing riot, etc
Section 195 of the Bharatiya Nyaya Sanhita, 2023 deals with assaulting or obstructing public servant when suppressing riot, etc. It replaces IPC 152 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 195(1) is cognizable and bailable; 195(2) is non-cognizable and bailable.
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Bail, cognizability and punishment
| 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: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 195
IPC sections replaced
- IPC 152: Assaulting or obstructing public servant when suppressing riot, etc
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