Indian Penal Code, 1860
Section 152
repealedAssaulting 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.
Why this exists
This provision was part of the original Indian Penal Code of 1860, drafted after the British colonial administration faced large-scale unrest and riots in India. Lawmakers wanted to give legal protection to police and officials who physically step in to control mobs, unlawful assemblies, or violent crowd situations, since such moments are dangerous and officials need authority to act without being attacked or obstructed while restoring order.
Common misconceptions
- Myth: This section only applies during full-scale riots with many injuries.
Fact: It applies to any unlawful assembly, riot, or affray (a fight between people in a public place) — even smaller disturbances count, as long as the public servant is genuinely trying to disperse or suppress it. - Myth: Only physically hitting the officer counts as a violation.
Fact: The law also covers threatening to assault, obstructing, attempting to obstruct, or even threatening/attempting to use criminal force — actual physical contact is not required.