Section 195: Assaulting or Obstructing Public Servant Suppressing Riot

Bharatiya Nyaya Sanhita • Chapter X: Of Offences Against Public Tranquillity • Official Statutory Text & Legal Guide

Chapter X: Of Offences Against Public Tranquillity
Magistrate 1st Class / Any Magistrate
Bailable
Cognizable (Sec 195-1) / Non-Cog (Sec 195-2)
Formerly Sec 152 IPC

Legal Commentary & Landmark Judgments: Section 195

Section 195 penalizes assaulting or obstructing a public servant when suppressing a riot or unlawful assembly, prescribing imprisonment of either description for a term which may extend to three years, or fine, or both.

  • Public Servant Suppressing Riot: The public servant (police, military, magistrate) must be actively engaged in suppressing a riot or dispersing an unlawful assembly.
  • Assault, Force or Obstruction: Assaulting, using criminal force, or obstructing the officer in that duty.
  • Aggravated Riot Offence: Penalizes violent resistance to police riot-control and law enforcement operations (formerly Section 152 IPC).
Key Landmark Precedents:
  • D.K. Lakshmikantha v. State of Karnataka (1999) 4 SCC 348: The Supreme Court affirmed that under Section 152 IPC (Section 195 BNS), the prosecution must prove that the public servant was lawfully engaged in suppressing a riot when assaulted.
  • State of M.P. v. Kedar (2010) 13 SCC 509: Affirmed that violent attacks on police dispersal squads carrying tear gas or lathis warrant severe custodial deterrence.
Courtroom Practice & Strategic Litigation Guidance:

In defending protestors charged with pelting stones at police vans, challenge individual identification: in mass mob tear-gas dispersal scenes, test test identification parades (TIP) and video footage to prove your client was an innocent trapped bystander.