Section 195: Assaulting or Obstructing Public Servant Suppressing Riot

Bharatiya Nyaya Sanhita • Chapter X: Of Offences Against Public Tranquillity • Official Statutory Text & Legal Guide

Chapter X: Of Offences Against Public Tranquillity
Magistrate 1st Class / Any Magistrate
Bailable
Cognizable (Sec 195-1) / Non-Cog (Sec 195-2)
Formerly Sec 152 IPC

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 195 BNS
Assaulting or Obstructing Public Servant Suppressing Riot
Imprisonment extending to 3 years, or fine, or both. Bailable Cognizable (Sec 195-1) / Non-Cog (Sec 195-2) Magistrate 1st Class / Any Magistrate Formerly Sec 152 IPC
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

Legal Commentary & Landmark Judgments: Section 195

Section 195 penalizes assaulting or obstructing a public servant when suppressing a riot or unlawful assembly, prescribing imprisonment of either description for a term which may extend to three years, or fine, or both.

  • Public Servant Suppressing Riot: The public servant (police, military, magistrate) must be actively engaged in suppressing a riot or dispersing an unlawful assembly.
  • Assault, Force or Obstruction: Assaulting, using criminal force, or obstructing the officer in that duty.
  • Aggravated Riot Offence: Penalizes violent resistance to police riot-control and law enforcement operations (formerly Section 152 IPC).
Key Landmark Precedents:
  • D.K. Lakshmikantha v. State of Karnataka (1999) 4 SCC 348: The Supreme Court affirmed that under Section 152 IPC (Section 195 BNS), the prosecution must prove that the public servant was lawfully engaged in suppressing a riot when assaulted.
  • State of M.P. v. Kedar (2010) 13 SCC 509: Affirmed that violent attacks on police dispersal squads carrying tear gas or lathis warrant severe custodial deterrence.
Courtroom Practice & Strategic Litigation Guidance:

In defending protestors charged with pelting stones at police vans, challenge individual identification: in mass mob tear-gas dispersal scenes, test test identification parades (TIP) and video footage to prove your client was an innocent trapped bystander.