Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavoring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
IPC Section 152: Simplified Explanation
IPC Section 152 of the Indian Penal Code (IPC) addresses the offence of assaulting or obstructing a public servant while they are engaged in suppressing a riot or an unlawful assembly. This section is designed to protect law enforcement officers and other public servants who are performing their duty to maintain public order during volatile situations like riots or protests.
The provision underlines the seriousness of hindering or using violence against those tasked with upholding the law and restoring peace, emphasizing the additional legal consequences for such actions.
Is IPC Section 152 Bailable?
No, the offence under IPC Section 152 is non-bailable. Given the gravity of attacking or obstructing public servants in the line of duty, especially during sensitive operations like riot control, this offence is treated with heightened severity, requiring judicial oversight for bail.
IPC Section 152 Punishment
Under IPC Section 152, the punishment for assaulting or obstructing a public servant is imprisonment for up to three years, a fine, or both. The severity of the punishment reflects the intent to deter any interference with public servants performing critical duties in maintaining law and order.
Example of IPC Section 152
A real-life example of IPC Section 152 being applied occurred during a violent protest where several demonstrators targeted the police with stones and other projectiles as the officers attempted to disperse the crowd. One of the protesters physically attacked a police officer trying to arrest another demonstrator. This individual was charged under Section 152 for assaulting the public servant during the execution of their duty. The legal proceedings focused on the direct assault on the officer, leading to a conviction with a sentence that included imprisonment and a fine.
