Section 152 IPC: Assaulting or obstructing public servant when suppressing riot, etc.
Indian Penal Code, 1860
Section 152 IPC at a Glance
Section 152 IPC deals with assaulting or obstructing public servant when suppressing riot, etc. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 195 BNS.
Imprisonment of either description for up to three years.
Section 152 IPC Bare Act Text
152. Assaulting or obstructing public servant when suppressing riot, etc.
Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, 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, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Source: Section 152, Indian Penal Code, 1860
Section 152 IPC in Simple Words
Section 152 of the Indian Penal Code (IPC) punishes a person who assaults or threatens to assault, or obstructs or attempts to obstruct, 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. It also punishes a person who uses, or threatens, or attempts to use criminal force to such public servant.
The punishment is imprisonment of either description for up to three years, or fine, or both. The offence is cognizable and bailable, and it is triable by a Magistrate of the first class.
Ingredients of Section 152 IPC
- The person acted against is a public servant
- The public servant is in the discharge of his duty as such public servant
- The public servant is endeavouring to disperse an unlawful assembly or to suppress a riot or affray
- The accused assaults or threatens to assault the public servant, or obstructs or attempts to obstruct the public servant, or uses criminal force to the public servant, or threatens or attempts to use criminal force to the public servant
Punishment Under Section 152 IPC
Imprisonment of either description for up to three years.
The offender may be punished with fine alone or with both imprisonment and fine.
Assaulting, obstructing or using criminal force to a public servant who is dispersing an unlawful assembly or suppressing a riot or affray carries imprisonment for up to three years, or fine, or both.
Example of Section 152 IPC
When Section 152 IPC Does Not Apply
- Section 152 IPC does not apply when the person against whom force or obstruction is directed is a private individual rather than a public servant.
- Section 152 IPC does not apply if the public servant is off duty or not acting in the discharge of his official duty as a public servant.
- Section 152 IPC does not apply when the public servant is carrying out routine administrative tasks rather than endeavouring to disperse an unlawful assembly or suppress a riot or affray.
- Section 152 IPC does not apply if the accused neither assaults, obstructs, nor uses criminal force against the public servant, nor threatens or attempts to do any of those acts.
Section 152 IPC in the BNS
Section 152 IPC is now covered under Section 195 BNS.
Section 152 IPC is now Section 195 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.
View detailed comparison (IPC 152 vs BNS 195) →FAQs on Section 152 IPC
What does Section 152 IPC provide?▼
It punishes assaulting or threatening to assault, or obstructing or attempting to obstruct, a 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. It also punishes using, threatening or attempting to use criminal force to such public servant.
What is the punishment under Section 152 IPC?▼
Imprisonment of either description for up to three years, or fine, or both.
When must the public servant be acting for Section 152 IPC to apply?▼
The public servant must be in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful assembly or to suppress a riot or affray.
How does Section 152 IPC differ from Section 151 IPC?▼
Section 151 IPC punishes knowingly joining or continuing in an assembly of five or more persons after it has been lawfully commanded to disperse, with imprisonment of up to six months. Section 152 IPC punishes the acts done to a public servant who is dispersing an unlawful assembly or suppressing a riot or affray, with imprisonment of up to three years.
Is an offence under Section 152 IPC cognizable and bailable?▼
It is cognizable and bailable.
Which court tries an offence under Section 152 IPC?▼
A Magistrate of the first class.
Can an offence under Section 152 IPC be compounded?▼
No. It is not listed in Section 320 CrPC.
Where is Section 152 IPC in the Bharatiya Nyaya Sanhita?▼
In Section 195 BNS, which splits it into sub-sections 1 and 2.
Have questions about Section 152 IPC?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·