BNS Section 195 – Assaulting or obstructing public servant when suppressing riot, etc

The Indian Penal Code (IPC) Section – 152

Assaulting or Obstructing Public Servant When Suppressing Riot, etc.

Introduction

Under Section 195 of the Bharatiya Nyay Sanhita (BNS), the law penalizes individuals who assault, obstruct, or threaten public servants while they are performing their duties to disperse unlawful assemblies or suppress riots or affrays. This provision ensures the safety and effectiveness of public servants in maintaining public order. Let’s break it down in simple terms.

What is the Offence?

The law targets individuals who:

1. Assault, obstruct, or use criminal force against a public servant engaged in dispersing an unlawful assembly or suppressing a riot or affray.
2. Threaten or attempt to assault, obstruct, or use criminal force against such a public servant.

Key Elements of the Offence

Punishment

Type of Offence

Purpose of the Law

1. Protect Public Servants: To ensure the safety of public servants while they perform their duties to maintain public order.
2. Maintain Public Order: To deter individuals from interfering with efforts to control riots, unlawful assemblies, or affrays.
3. Ensure Accountability: To hold individuals accountable for assaulting, obstructing, or threatening public servants.

Examples of Offences

1. Assaulting a Police Officer: Physically attacking a police officer trying to disperse a riot.
2. Obstructing a Public Servant: Blocking a government official from reaching the site of an unlawful assembly.
3. Threatening a Public Servant: Verbally threatening a public servant attempting to control an affray.

Conclusion

This law ensures that public servants can perform their duties without fear of violence or obstruction while maintaining public order. By imposing strict penalties, it aims to protect public servants and uphold the rule of law.

Summary Table