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Introduction of Section BNS 195

BNS 195 addresses offenses where a person assaults, obstructs, or uses criminal force against a public servant performing their duty. This usually occurs when a public servant is trying to disperse an unlawful assembly or suppress a riot or affray. The law ensures that public servants are protected while maintaining public order.


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.

BNS 195 in Simple Points

  1. Assaulting Public Servants During Duty:
    If a person physically attacks or uses force against a public servant while the servant is performing their duties, particularly in the case of controlling riots or dispersing crowds, this is a violation of Section 195. The act disrupts the ability of public servants to maintain peace.
  2. Obstructing Public Servants:
    Obstruction under this section includes any actions that hinder or prevent a public servant from doing their job. For example, blocking a police officer from dispersing a crowd during a riot or affray would fall under this offense.
  3. Criminal Force on Public Servants:
    Using criminal force refers to any violent action aimed at a public servant. This can include pushing, hitting, or threatening to use force against them while they are trying to maintain public order.
  4. Threats and Attempts:
    Even if someone doesn’t physically assault or obstruct a public servant but makes threats or attempts to do so, it is still punishable under Section 195. This includes verbal threats or actions that signal an attempt to use force or prevent the public servant from doing their duty.
  5. Unlawful Assemblies, Riots, and Affrays:
    Section 195 specifically applies when a public servant is engaged in controlling situations such as unlawful assemblies (illegal gatherings of people), riots (violent public disturbances), or affrays (public fighting). The purpose is to ensure that public order is restored without interference.

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.


Bharatiya Nyaya Sanhita Section 195

BNS SectionOffenseImprisonmentFineBailableCognizableCourt
195(1)Assaulting/Obstructing public servant during riot or affray controlUp to 3 yearsMinimum ₹25,000 or bothYesCognizableMagistrate of first class
195(2)Threatening to assault or attempting to obstruct public servant during riot or affray controlUp to 1 yearFine, or bothYesNon-cognizableAny Magistrate
Bharatiya Nyaya Sanhita Section 195

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?


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