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

Bharatiya Nyaya Sanhita, 2023

Section 195 BNS at a Glance

Section 195 BNS deals with assaulting or obstructing public servant when suppressing riot, etc. It is bailable; it replaced Section 152 IPC on 1 July 2024.

Punishment

Under Section 195(1) BNS, imprisonment of either description for up to three years. Under Section 195(2) BNS, imprisonment of either description for up to one year.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 152 →

Section 195 BNS Bare Act Text

(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.

Source: Section 195, Bharatiya Nyaya Sanhita, 2023

Section 195 BNS in the IPC (Previous Law)

Section 195 BNS replaced Section 152 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 195 BNS

What does Section 195 of the Bharatiya Nyaya Sanhita cover?▼

Section 195 BNS covers assaulting, obstructing, or using criminal force against a public servant while that public servant is doing duty to disperse an unlawful assembly or suppress a riot or affray. It also covers threatening to assault, attempting to obstruct, or threatening or attempting to use criminal force in that situation.

What has to be proved under Section 195 BNS?▼

It must be shown that the person acted against a public servant who was discharging duty in trying to disperse an unlawful assembly or suppress a riot or affray. The act must fall within the wording of the section, such as assault, obstruction, use of criminal force, threat to assault, or attempt to obstruct.

Is Section 195 BNS bailable?▼

Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.

What is the punishment under Section 195 of the Bharatiya Nyaya Sanhita?▼

For assaulting, obstructing, or using criminal force on the public servant, the punishment may extend to three years, or fine of not less than twenty-five thousand rupees, or both. For threatening to assault, attempting to obstruct, or threatening or attempting to use criminal force, the punishment may extend to one year, or fine, or both.

What should I do if I am accused under Section 195 BNS or want to complain about it?▼

If you are accused, get legal advice quickly and keep any videos, messages, or witness details that show what happened and whether the public servant was acting in that duty. If you want to complain, report the incident to the police and preserve any evidence showing the assault, obstruction, threat, or attempt during the effort to disperse the unlawful assembly or suppress the riot or affray.

What does Section 195(2) of the BNS cover?▼

Section 195(2) BNS covers threatening to assault a public servant, attempting to obstruct a public servant, or threatening or attempting to use criminal force against a public servant. It applies only when the public servant is doing duty to disperse an unlawful assembly or suppress a riot or affray.

What has to be proved under Section 195(2) BNS?▼

It must be shown that the person threatened to assault, attempted to obstruct, or threatened or attempted to use criminal force against a public servant. It must also be shown that the public servant was acting in discharge of duty while trying to disperse an unlawful assembly or suppress a riot or affray.

What is the punishment under Section 195(2) of the Bharatiya Nyaya Sanhita?▼

The punishment under Section 195(2) BNS may extend to imprisonment of either description for one year, or fine, or both. The bare text does not fix any minimum fine for this sub-section.

How is Section 195(2) BNS different from Section 195(1) BNS?▼

Section 195(2) BNS deals with threats to assault, attempts to obstruct, and threats or attempts to use criminal force against a public servant in that situation. Section 195(1) BNS is about actually assaulting, obstructing, or using criminal force on the public servant, and it provides punishment up to three years or fine of not less than twenty-five thousand rupees, or both.

Section 195 BNS: Sub-sections Explained

Section 195(1) BNS: Assaulting or obstructing public servant when suppressing riot, etc

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Bare Act Text

(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.

Explained in Simple Words

Section 195 BNS deals with assaulting, obstructing, or using criminal force against a public servant who is acting in the discharge of duty to disperse an unlawful assembly or to suppress a riot or affray. The section divides the offence into two sub-sections based on whether the act is actually committed or only threatened or attempted.

Under Section 195(1) BNS, whoever assaults or obstructs a public servant, or uses criminal force on a public servant, in the discharge of such duty is punishable with imprisonment of either description for a term up to three years, or with a fine of not less than twenty-five thousand rupees, or with both.

Under Section 195(2) BNS, whoever threatens to assault, attempts to obstruct, or threatens or attempts to use criminal force against a public servant in the discharge of such duty is punishable with imprisonment of either description for a term up to one year, or with fine, or with both.

Key Ingredients

  • A public servant in the discharge of his duty as such public servant, endeavouring to disperse an unlawful assembly or to suppress a riot or affray
  • Under sub-section 1, the accused assaults or obstructs the public servant or uses criminal force on the public servant
  • Under sub-section 2, the accused threatens to assault or attempts to obstruct the public servant, or threatens or attempts to use criminal force to the public servant

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Under Section 195(1) BNS, imprisonment of either description for up to three years. Under Section 195(2) BNS, imprisonment of either description for up to one year.

💰 Under Section 195(1) BNS, fine which shall not be less than twenty-five thousand rupees, alone or with imprisonment. Under Section 195(2) BNS, fine alone or with imprisonment.

Assaulting, obstructing or using criminal force on a public servant who is dispersing an unlawful assembly or suppressing a riot or affray carries imprisonment for up to three years, or fine of not less than twenty-five thousand rupees, or both under Section 195(1) BNS. Threatening to assault, attempting to obstruct, or threatening or attempting to use criminal force carries imprisonment for up to one year, or fine, or both under Section 195(2) BNS.

Real-World Example

A public servant is in the discharge of his duty, endeavouring to disperse an unlawful assembly. A man in the assembly threatens to assault the public servant and tries to block his way. The man is liable under Section 195(2) BNS.

When This Does Not Apply

  • The person acted against is not a public servant
  • The public servant is not in the discharge of his duty as such public servant
  • The public servant is not endeavouring to disperse an unlawful assembly or to suppress a riot or affray
  • The accused does none of the acts the section names, which are assault, a threat to assault, obstruction, an attempt to obstruct, and the use of criminal force or a threat or attempt to use it

Previous Law

IPC 152 → Section 195(1) BNS

Section 152 IPC is now Section 195(1) BNS, which splits the offence into two sub-sections. Section 195(1) BNS takes assaulting, obstructing and using criminal force on the public servant. Imprisonment stays at up to three years, but the fine must now be not less than twenty-five thousand rupees. Section 195(2) BNS takes threatening to assault, attempting to obstruct, and threatening or attempting to use criminal force. Imprisonment for those acts falls to up to one year, with fine or both. No act the IPC names is dropped or added.

Section 195(2) BNS: Assaulting or obstructing public servant when suppressing riot, etc

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Bare Act Text

(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.

Explained in Simple Words

Section 195(2) of the Bharatiya Nyaya Sanhita (BNS) penalises threats and attempts directed at a public servant who is trying to restore public order. It applies to any person who threatens to assault, attempts to obstruct, or threatens or attempts to use criminal force to any public servant acting in the discharge of duty while endeavouring to disperse an unlawful assembly or to suppress a riot or affray.

A person convicted under Section 195(2) BNS is punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Unlike Section 195(1) BNS, which sets a minimum fine of twenty-five thousand rupees for actual assault, obstruction, or criminal force, Section 195(2) BNS does not specify a minimum fine.

For this sub-section to apply, the public servant must be discharging official duty specifically in endeavouring to disperse an unlawful assembly or to suppress a riot or affray. It covers preparatory or intimidating conduct that stops short of actual obstruction, assault, or use of criminal force.

Key Ingredients

  • A public servant was acting in the discharge of duty
  • The duty was to disperse an unlawful assembly or suppress a riot or affray
  • The accused threatened to assault, or attempted to obstruct, that public servant
  • Or the accused threatened to use criminal force, or attempted to use criminal force, to that public servant
  • The act was connected with the public servant's effort to disperse the assembly or suppress the riot or affray

Punishment

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for up to one year.

💰 The offender may be punished with fine alone, or with both imprisonment and fine.

Threatening to assault, attempting to obstruct, or threatening or attempting to use criminal force to a public servant discharging duty in dispersing an unlawful assembly or suppressing a riot or affray is punishable with imprisonment of either description for up to one year, or with fine, or with both.

Real-World Example

As stones were being hurled outside a market on the outskirts of Thrissur, a police sub-inspector, Kavita, and constables moved in to break up the violent crowd. When Kavita ordered everyone to move back, Karthik stepped in front of her, shouted that he would beat her if she came forward, and raised his hand as if to strike. He also tried to block her way while the police were trying to disperse the crowd. This falls under Section 195(2) BNS because Kavita was a public servant on duty suppressing a riot or affray, and Karthik threatened assault and attempted obstruction.

When This Does Not Apply

  • The person spoken to was not a public servant
  • The public servant was not acting in the discharge of duty
  • There was no endeavour to disperse an unlawful assembly or suppress a riot or affray
  • There was only verbal protest or argument, without any threat to assault, attempt to obstruct, threat of criminal force, or attempt to use criminal force

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·