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.
IPC Section 152 in BNS: Section 195
Assaulting or obstructing public servant when suppressing riot, etc
Section 152 of the Indian Penal Code, 1860 (Assaulting or obstructing public servant when suppressing riot, etc) corresponds to Section 195 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 195(1) is cognizable, bailable, triable by Magistrate of the first class; punishment: Imprisonment for 3 years, or fine not less than 25,000 rupees, or both.
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.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 195
Full BNS Section 195 and every IPC section it replaced →
Your 24×7 legal assistant on WhatsApp answers with the judgments that apply, in English or Hindi. No signup needed.