Bharatiya Nyaya Sanhita: Section 195 – 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 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.

Simplified Explanation

Section 195 of the Bharatiya Nyaya Sanhita 2023 deals with the assault or obstruction of a public servant while they are performing their official duties, particularly in situations where they are suppressing a riot, dispersing an unlawful assembly, or managing an affray. This provision also addresses the threats or attempts to obstruct or assault public servants in these circumstances.

Key Provisions

1. Assault or Obstruction of a Public Servant (Subsection 1):
   • If any person assaults or obstructs a public servant, or uses criminal force on them, while the public servant is engaged in the performance of their duty to:
     • Disperse an unlawful assembly, or
     • Suppress a riot, or
     • Suppress an affray,
   • The offender shall be punished with:
     • Imprisonment of either description for a term that may extend to three years, or
     • Fine of at least twenty-five thousand rupees, or
     • Both imprisonment and fine.
2. Threatening or Attempting to Obstruct a Public Servant (Subsection 2):
   • If a person threatens to assault, attempts to obstruct, or threatens or attempts to use criminal force against any public servant in the discharge of their duty (while dispersing an unlawful assembly, or suppressing a riot or affray), the offender shall be punished with:
     • Imprisonment of either description for a term that may extend to one year, or
     • Fine, or
     • Both imprisonment and fine.

Explanation and Key Concepts

1. Public Servant: A public servant refers to any individual employed in the service of the government or law enforcement, performing duties that involve maintaining public order, safety, and peace.
2. Criminal Force: The term “criminal force” refers to the use of violence or physical force against another person with the intent to harm, intimidate, or obstruct their work.
3. Dispersing an Unlawful Assembly, Suppressing a Riot, or Suppressing an Affray:
   • These terms relate to the actions public servants take when there is a disorder in public spaces, such as a riot or violent assembly.
   • Unlawful assembly: A gathering of people with the intention to disrupt peace or cause violence.
   • Riot: A violent disturbance by a group of people.
   • Affray: A public fight that disrupts public peace.

Punishments and Penalties

1. For Assaulting or Obstructing a Public Servant (Subsection 1):
   • The punishment for assaulting or obstructing a public servant while they are suppressing a riot or unlawful assembly is more severe:
     • Imprisonment for up to three years,
     • Fine of at least ₹25,000, or
     • Both imprisonment and fine.
2. For Threatening or Attempting to Obstruct a Public Servant (Subsection 2):
   • The punishment for threatening or attempting to obstruct a public servant is comparatively less severe:
     • Imprisonment for up to one year,
     • Fine, or
     • Both.

Purpose and Rationale

• Protection of Public Servants: The section seeks to protect public servants who are engaged in maintaining public order and safety. It ensures that individuals are not allowed to interfere with or obstruct the lawful duties of law enforcement or government officials.
• Deterrence of Violence: By imposing significant penalties for obstructing or assaulting public servants in such critical duties, this section serves as a deterrent against disrupting the efforts to control riots, unlawful assemblies, and public disturbances.

Conclusion

Section 195 of the Bharatiya Nyaya Sanhita 2023 outlines strict penalties for individuals who assault, obstruct, or threaten public servants while they are engaged in maintaining public order, particularly when addressing unlawful assemblies, riots, or affrays. The law aims to safeguard law enforcement officers and public servants while they carry out their duties to protect public peace.