सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 195

Assaulting or obstructing public servant when suppressing riot, etc

(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.

Why this exists

This provision continues a rule from the old Indian Penal Code (Section 152) aimed at protecting law enforcement officers while they perform one of their most dangerous duties — controlling mobs, riots, and unlawful gatherings. Historically, such situations turn chaotic quickly, and attacks on officials trying to restore order can escalate violence further. The law creates a deterrent by making it a specific, separate offence to target public servants specifically during these crowd-control moments, distinct from general assault or obstruction laws.

How courts read it

Under the earlier identical IPC provision, courts consistently held that the prosecution must prove the public servant was acting in the discharge of an official duty connected to dispersing an unlawful assembly, riot, or affray — not just any general policing task. Courts have also distinguished between completed acts of assault/obstruction (attracting the higher punishment) and mere threats or attempts (attracting the lower punishment), emphasizing that intent and actual conduct must match the specific clause invoked.

Common misconceptions
  • Myth: This law applies to any obstruction of any police officer at any time.
    Fact: It specifically applies only when the public servant is trying to disperse an unlawful assembly or stop a riot or affray — not general policing duties.
  • Myth: Just shouting angrily at police during a protest automatically invites the same punishment as physically attacking them.
    Fact: The law separates actual assault/force (Section 195(1), harsher punishment) from mere threats or attempts (Section 195(2), lighter punishment).