Introduction of Section BNS 195
BNS 195 focuses on protecting public servants who are carrying out their duties during situations of unrest such as riots, unlawful assemblies, or affrays. It criminalizes acts of assault, obstruction, or use of criminal force against officials engaged in dispersing crowds or restoring peace. This section ensures that law enforcement officers, magistrates, and other authorities can perform their responsibilities without fear of violence or threats. By imposing strict punishments, including imprisonment and heavy fines, it plays a crucial role in upholding public order and deterring interference with lawful authority.
The Bharatiya Nyaya Sanhita (BNS) Section 195 replaces the old Indian Penal Code (IPC) Section 152.
- Introduction of Section BNS 195
- What is BNS Section 195 ?
- BNS 195 in Simple Points
- Section 195 BNS Overview
- BNS 195 Punishment
- BNS 195 bailable or not ?
- Bharatiya Nyaya Sanhita Section 195
- BNS Section 195 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 195 ?
Section 195 of the BNS deals with situations where individuals assault or obstruct public servants in their duties, specifically when they are trying to control a riot or disperse an unlawful assembly. It provides strict punishments to deter such actions, ensuring that public order is maintained without interference.
Under Section 195 of the bns act 2023
Whoever assaults, obstructs, or uses criminal force against a public servant while they are suppressing a riot, unlawful assembly, or affray shall be punished with imprisonment up to 3 years, and a fine not less than ₹25,000, or with both.
If someone only threatens or attempts to assault or obstruct such a public servant, the punishment may extend to 1 year imprisonment, or fine, or both.
1. Meaning of BNS Section 195
This section is aimed at protecting public servants (such as police officers, magistrates, or any authority maintaining law and order) from violence or obstruction while performing duties.
It ensures that those trying to restore peace during riots, unlawful assemblies, or affrays can do their job without interference.
2. Who is Covered?
- Public Servants → Those lawfully performing duties during riots, unlawful assemblies, or affrays.
- Offenders → Any individual who:
- Assaults them (hits, attacks, or uses physical force).
- Obstructs them (blocks or prevents them from doing their job).
- Uses Criminal Force (threatening or applying violence).
- Threatens or Attempts to obstruct or assault (even without actual violence).
3. Nature of the Offence
- Assault/Obstruction with Force → Cognizable (police can arrest without warrant) & Bailable.
- Threats/Attempts → Non-cognizable (warrant needed) & Bailable.
- Trial → By Magistrate of First Class (for assault/obstruction) or any Magistrate (for threats/attempts).
- Non-compoundable → Cannot be settled privately.
4. Examples of BNS Section 195
- Example 1 (Assault):
During a riot, a protester throws a stone at a police officer trying to disperse the crowd. This is direct assault under Section 195. - Example 2 (Obstruction):
A group forms a barricade to block officers from entering a riot-affected street. This is obstruction and punishable under Section 195. - Example 3 (Threat):
Someone shouts at the magistrate: “If you disperse this crowd, we will attack you!” Even without actual violence, this falls under Section 195 as a threat.
5. Punishment under BNS Section 195
- For Assault/Obstruction with Force → Up to 3 years imprisonment, fine not less than ₹25,000, or both.
- For Threats/Attempts → Up to 1 year imprisonment, or fine, or both.
Importance of BNS Section 195
- Protects Law Enforcement: Ensures police and magistrates can maintain order without fear of attack.
- Maintains Public Order: Prevents mobs from interfering with legal authority.
- Acts as Deterrent: Heavy fines and jail terms discourage assaults on public servants.
- Modern Update: Unlike IPC Section 152, BNS 195 introduces a minimum fine of ₹25,000 to make punishment stricter.
Section 195 BNS Overview
BNS Section 195 plays a crucial role in maintaining public order by protecting public servants from interference during critical situations like riots and unlawful gatherings. By providing punishments for assault, obstruction, and threats, it ensures that public servants can do their jobs without fear of violence or obstruction.
10 Key Points of BNS Section 2195 Explained:
- Assault on Public Servant:
If a person physically assaults a public servant who is trying to control a riot or disperse an unlawful assembly, they are violating BNS Section 195. This ensures that public servants can do their job without facing violence. - Obstruction of Public Servant:
Obstruction means preventing a public servant from doing their duty. For instance, if someone blocks a police officer from clearing a crowd during a protest or riot, it is considered obstruction under this section. - Use of Criminal Force:
Criminal force refers to the use of physical violence or the threat of it. In this context, it means using force against a public servant who is trying to restore peace, such as during a riot or unlawful gathering. - Duty to Disperse Unlawful Assemblies:
This section applies when a public servant, like a police officer, is dispersing an unlawful assembly (a gathering that is not legally permitted). Assaulting or obstructing the officer in such situations is punishable under BNS 195. - Suppression of Riots and Affrays:
The section also covers actions taken by public servants to control riots (violent public disturbances) or affrays (public fights). If someone prevents them from doing so, they are subject to punishment. - Punishment for Direct Assault or Obstruction:
The punishment for assaulting or obstructing a public servant under this section can be up to three years of imprisonment, or a fine of at least ₹25,000, or both. - Threats and Attempts:
Even if a person doesn’t directly assault or obstruct a public servant but threatens to do so, or attempts to use force, they are also covered under BNS Section 195. This ensures that even threats of violence are punishable. - Punishment for Threats and Attempts:
For threats or attempts to assault or obstruct a public servant, the punishment can be up to one year of imprisonment, or a fine, or both. The punishment is lighter than for actual assault but still serious. - Cognizable and Non-cognizable Offenses:
Direct assault or obstruction under BNS 195 is a cognizable offense, meaning the police can arrest without a warrant. However, for threats or attempts, it is non-cognizable, meaning a warrant is required. - Bailable Offense:
Both direct assaults and threats or attempts under this section are bailable offenses, meaning the accused can be released on bail after arrest.
Examples of BNS Section 195:
- Example 1 – Assaulting a Police Officer During a Riot:
During a violent protest, a police officer tries to break up a riot and asks people to disperse. One of the protesters attacks the officer by throwing a stone at them. This act falls under BNS Section 195, as the individual assaulted a public servant performing their duty. - Example 2 – Obstructing an Officer During an Unlawful Assembly:
A group of people gathers illegally to protest, and a public servant, like a magistrate, orders them to disperse. A protester stands in front of the magistrate, preventing them from performing their duty by refusing to leave. This obstruction is also punishable under Section 195.
BNS 195 Punishment
- Imprisonment:
The punishment for assaulting or obstructing a public servant in the situations mentioned can lead to imprisonment for up to three years. If the act involves threats or attempts, imprisonment can be up to one year. - Fine:
In addition to or instead of imprisonment, the offender may also be fined. For direct assault or obstruction, the fine is not less than ₹25,000. In the case of threats or attempts, a fine can be imposed, but no minimum amount is specified.
BNS 195 bailable or not ?
Section 195 offenses are bailable, meaning that the accused person can seek release from custody by providing bail. However, depending on the severity, different provisions may apply. For example, direct assault on a public servant is cognizable, while threats are non-cognizable.
Comparison Table – BNS Section 195 vs IPC Section 152
| Aspect | BNS Section 195 | IPC Section 152 |
|---|---|---|
| Scope | Covers assault, obstruction, or use of criminal force against public servants during suppression of riots, unlawful assemblies, or affrays. | Covers assaulting or obstructing public servants while suppressing riots or unlawful assemblies. |
| Punishment (Assault/Obstruction) | Imprisonment up to 3 years and fine of not less than ₹25,000, or both. | Imprisonment up to 3 years, or fine, or both (no minimum fine specified). |
| Punishment (Threats/Attempts) | Imprisonment up to 1 year, or fine, or both. | Same provision – up to 1 year imprisonment, or fine, or both. |
| Cognizability | Assault/Obstruction – Cognizable; Threats/Attempts – Non-cognizable. | Similar – Cognizable for assault; Non-cognizable for threats/attempts. |
| Bailability | Both categories are bailable. | Both categories are bailable. |
| Key Difference | Introduces a minimum fine of ₹25,000 for assault/obstruction, making punishment stricter. | No minimum fine – less stringent compared to BNS. |
BNS Section 195 FAQs
What is BNS Section 195 about?
BNS Section 195 covers acts of assault or obstruction against public servants when they are performing duties related to controlling unlawful assemblies, riots, or affrays.
What happens if someone threatens a public servant under BNS Section 195?
If a person threatens or attempts to use force against a public servant in these situations, they can be imprisoned for up to one year, fined, or both.
What is the minimum fine under BNS Section 195 for assaulting a public servant?
The minimum fine is ₹25,000 for assaulting or obstructing a public servant while they are suppressing a riot or dispersing an unlawful assembly.
Is BNS Section 195 a bailable offense?
Yes, the offense is bailable, allowing the accused to be released on bail after arrest.
Who tries cases under BNS Section 195?
Depending on the nature of the offense, cases are tried either by a Magistrate of the first class (for assault) or by any Magistrate (for threats or attempts).
What is the maximum punishment under BNS Section 195?
The maximum punishment is three years of imprisonment for assault or obstruction and one year for threats or attempts.
Conclusion
BNS Section 195 is a vital provision that safeguards public servants while they perform the difficult task of controlling riots, unlawful assemblies, or affrays. By introducing a mandatory minimum fine of ₹25,000 along with imprisonment, this section strengthens accountability and deters acts of violence or obstruction against law enforcement. Compared to IPC Section 152, the new law under BNS is more stringent and ensures that public peace and order are maintained effectively. It highlights the importance of respecting lawful authority and discourages disruptive behavior in sensitive situations.
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