Assaulting or obstructing public servant when suppressing riot, etc
Section 195 of the Bharatiya Nyaya Sanhita, 2023 deals with assaulting or obstructing public servant when suppressing riot, etc. Whoever assaults or obstructs any public servant or uses criminal force on 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, shall be punished with imprisonment of either description for a term wh The Act came into force on 01 Jul 2024.
(1) Whoever assaults or obstructs any public servant or uses criminal force on 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, 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 threatens or attempts to use criminal force to 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, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Section 195, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 152 Assaulting or obstructing public servant when suppressing riot, etc Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Assaulting or obstructing public servant when suppressing riot, etc. | Imprisonment for 3 years, or fine not less than 25,000 rupees, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| Threatening to assault or attempting to obstruct public servant when suppressing riot, etc. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ranjeet Yadav vs State of U.p.
Decided under Indian Penal Code 152, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An FIR disclosing prima facie cognizable offences cannot be quashed at the writ petition stage merely on the assertion that allegations are false and concocted. However, interim protection from arrest may be granted to an accused willing to cooperate with investigation, with the condition that the accused participates in the investigation and police conclude the investigation expeditiously.
On this section: Punishment for rioting
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 195
What have the courts held on Section 195 of the Bharatiya Nyaya Sanhita?
Ranjeet Yadav vs State of U.p. (14 May 2019) is the leading judgment on this section among those set out below, though it was decided under IPC 152, which this section replaced -- the court never mentioned this Act: Punishment for rioting.
Is Section 195 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 195 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 195 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 195, section 195 BNS, section 195 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 195 2 in hindi and bns 195 1 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ranjeet Yadav vs State of U.p. (14 May 2019).
What should I read with Section 195 of the Bharatiya Nyaya Sanhita, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward IPC 152 (Assaulting or obstructing public servant when suppressing riot, etc), so the judgments decided under that provision are the case law on this one.
When did Section 195 of the Bharatiya Nyaya Sanhita come into force?
Section 195 of the Bharatiya Nyaya Sanhita, cited as BNS 195, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.