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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.



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.

BNS 195 addressing assault or obstruction of public servants in maintaining public order.
BNS 195 outlines strict punishments for assaulting or obstructing public servants during riot control or unlawful assembly dispersal.

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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:

  1. 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.
  2. 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

  1. 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.
  2. 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

Comparison: BNS Section 195 vs IPC Section 152
Section What it Means Punishment Bail Cognizable? Trial By
BNS Section 195 Applies to anyone who assaults, obstructs, or uses criminal force against a public servant engaged in suppressing a riot or maintaining public peace. Imprisonment up to 3 years or fine or both. Bailable Cognizable Magistrate of the First Class
IPC Section 152 (Old) Covered assaults or obstructions against public servants while dispersing unlawful assemblies, riots, or suppressing affrays under the old Penal Code. Imprisonment up to 3 years or fine or both (same as BNS 195). Bailable Cognizable Magistrate of the First Class
Key Difference: BNS 195 retains the essence of IPC 152 but modernizes the language, ensuring better clarity on protecting public servants performing lawful duties during public disorder or riots.

BNS Section 195 FAQs

What is BNS Section 195 about?

What happens if someone threatens a public servant under BNS Section 195?

What is the minimum fine under BNS Section 195 for assaulting a public servant?

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?

What is the maximum punishment under BNS Section 195?


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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Finished with BNS 195 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

Chapter XII – Of Offences By Or Relating To Public Servants

Full IPC Section List: https://marriagesolution.in/ipc-section-list

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Full BNSS Section List: https://marriagesolution.in/bnss_section-list


BNS Chapter Index

ChapterTitleSections
Chapter IPreliminaryBNS 1 – 3
Chapter IIPunishmentsBNS 4 – 13
Chapter IIIGeneral ExceptionsBNS 14 – 44
Chapter IVAbetment, Criminal Conspiracy And AttemptBNS 45 – 62
Chapter VOffences Against Women And ChildrenBNS 63 – 99
Chapter VIOffences Affecting The Human BodyBNS 100 – 146
Chapter VIIOffences Against The StateBNS 147 – 158
Chapter VIIIOffences Relating To The Army, Navy And Air ForceBNS 159 – 168
Chapter IXOffences Relating To ElectionsBNS 169 – 177
Chapter XOffences Relating To Coin, Currency Notes, Bank Notes, And Government StampsBNS 178 – 188
Chapter XIOffences Against The Public TranquilityBNS 189 – 197
Chapter XIIOffences Against The Public TranquilityBNS 198 – 205
Chapter XIIIContempts Of The Lawful Authority Of Public ServantsBNS 206 – 226
Chapter XIVFalse Evidence And Offences Against Public JusticeBNS 227 – 269
Chapter XVOffences Affecting The Public Health, Safety, Convenience, Decency And MoralsBNS 270 – 297
Chapter XVIOffences Relating To ReligionBNS 298 – 302
Chapter XVIIOffences Against PropertyBNS 303 – 334
Chapter XVIIIOffences Relating To Documents And To Property MarksBNS 335 – 350
Chapter XIXCriminal Intimidation, Insult, Annoyance, Defamation, Etc.BNS 351 – 357
Chapter XXRepeal And SavingsBNS 358

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