BNS Section 195: Assaulting Or Obstructing Public Servant When Suppressing Riot, Etc
Section 195 falls under Chapter 11 of the Bharatiya Nyaya Sanhita (BNS). Chapter 11 covers offences against the public tranquillity. Each section under this chapter deals with different offences related to actions that are intended to affect law and order in the public domain. Section 195 specifically deals with use of force against a public servant performing his duty of suppressing a riot. Let us take a closer look at its provisions.
Definition of BNS Section 195
Section 195 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
(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.”
Explanation and Illustration of BNS Section 195
In broad, this section deals with the offence of stopping a public servant from discharging their specific duty of riot control. It has been divided into two subsections. Let us break down the keywords from the section to get a better understanding of it.
The first subsection states that certain kinds of physical acts against a public servant who is discharging his or her duty in the endeavour of dispersing a riot shall be punishable under these sections. They are assault, obstruction and use of criminal force. These are very broad terms, as assault and obstruction need not necessarily mean use of physical force, whereas use of criminal force almost always means use of physical force but can also be used in the context of coercion, extortion and blackmail. This section does not specify if such actions have to be physical in nature or not for the purpose of this section, leaving it open to the interpretation of the judge, depending on the severity of the case. However, there are two important checks to determine if an action is prosecutable under the provisions of section 195.
If proven guilty, then he or she shall be punished with imprisonment which may extend to three years, or with fine which shall not be less than twenty-five thousand rupees, or with both as deemed appropriate by the judge.
The second subsection, lays down the provisions of threatening to assault, obstruct or use criminal force, implying that this section deals with a case where a threat was made but was not carried out. It prescribes a punishment of imprisonment which may extend to one year, or with fine, or with both. The fine has not been defined and will be levied as deemed fit by the judge based on the severity of the case.
Key Points in BNS Section 195
This section deals with: Obstructing a public official in the prevention of a riot.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 195 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 195 of BNS replaces IPC Section 152. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 195 (1) & (2) | Assaulting or obstructing public servant when suppressing riot, etc. | 152 | Section 152 was a single section in the IPC with no separate provisions for ‘threatening ro assault’. In section 195 of BNS it has been split into two, with the second one adding provisions for threatening to assault. Further, a minimum threshold for a fine (twenty-five thousand rupees) has also been added.,The words ‘or uses criminal force on any public servant' is added in the title of the section |
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FAQs about Section 195 of the Bharatiya Nyaya Sanhita (BNS)
What happens if I hit a public servant while they are stopping a riot?
Any person found guilty of assaulting any public servant while stopping a riot is punishable with imprisonment under Section 195.
What counts as assault on a public servant in this section?
Assault refers to any physical contact made with the intent of obstructing or injuring a public servant.
Is blocking a public servant a serious crime?
Yes. Blocking a public servant in the performance of his duty is a serious crime. Section 195 deals with blocking a public servant who is quelling a riot.
What punishment will I face for hitting or blocking a public servant?
Any person found guilty of assaulting or obstructing a public official in the suppression of a riot shall be punished with imprisonment 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.
Can I be charged for blocking a public servant even if no one gets hurt?
Yes. Obstructing a public official in the suppression of a riot shall be punished with imprisonment 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.
