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 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 threaten or attempts to use criminal force to any public servant in the discharge of his duty 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.
Key Points :
-
Assault or Obstruction of Public Servant:
-
Section 195(1) targets individuals who assault or obstruct a public servant, or use criminal force against a public servant, while they are performing their duties. This is specifically when the public servant is attempting to:
-
Disperse an unlawful assembly.
-
Suppress a riot or an affray (a public disturbance involving fighting).
-
-
-
Punishment for Assault or Obstruction:
-
The punishment can include:
-
Imprisonment of up to three years.
-
A fine not less than 25,000 rupees.
-
Or both imprisonment and fine.
-
-
-
Threats or Attempts to Assault Public Servant:
-
Section 195(2) addresses situations where individuals threaten or attempt to:
-
Assault a public servant.
-
Obstruct or use criminal force on a public servant performing their duties during the suppression of an unlawful assembly, riot, or affray.
-
-
-
Punishment for Threats or Attempts:
-
Those found guilty may face:
-
Imprisonment for up to one year.
-
A fine.
-
Or both imprisonment and fine.
-
-
Offence : Assaulting or obstructing public servant when suppressing riot, etc.
Punishment : Imprisonment for 3 years, or fine not less than25,000 rupees, or both.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Magistrate of the first class.
Offence : Threatening to assault or attempting to obstruct public servant when suppressing riot, etc.
Punishment : Imprisonment for 1 year, or fine, or both.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Any Magistrate.
Get the full list of all sections in the Bharatiya Nyaya Sanhita (BNS) here. Our comprehensive guide offers detailed information and analysis on every BNS section to enhance your legal knowledge.
Find the best lawyer for BNS Section 195 charges
Comments by Users
No Comments! Be the first one to comment.