Assaulting or obstructing public servant when suppressing riot, etc
What this section does
Creates two distinct offences: (1) actually assaulting, obstructing, or using criminal force against a public servant engaged in dispersing an unlawful assembly or suppressing a riot or affray; and (2) threatening or attempting to do the same. Both carry imprisonment, and the actual assault carries a mandatory minimum fine.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- s.195(1): imprisonment of either description up to 3 years, or fine not less than ₹25,000, or both. s.195(2): imprisonment of either description up to 1 year, or fine, or both.
- Triable by
- Magistrate of First Class
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The victim is a public servant
- The public servant was discharging duty in endeavouring to disperse an unlawful assembly or suppress a riot or affray
- For s.195(1): the accused assaulted, obstructed, or used criminal force on such public servant
- For s.195(2): the accused threatened to assault, attempted to obstruct, or threatened/attempted to use criminal force on such public servant
Practitioner note
Section 195(1) prescribes a mandatory minimum fine of ₹25,000, which is a notable departure from the IPC equivalent. The offence under s.195(1) is non-bailable. Practitioners should distinguish between actual use of force (s.195(1)) and mere threat or attempt (s.195(2)), which is bailable and carries a lower ceiling.
Derived from IPC s.152.
Read the official text
For the binding statutory text of BNS Section 195, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 195 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.