IPC 152 vs BNS 195: Obstructing Police at a Riot Explained (2026)

In India, Section 195 of the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced Section 152 of the Indian Penal Code, 1860 (IPC) on 1 July 2024. Assault or obstruction keeps a three-year maximum but gains a ₹25,000 minimum fine; threats and attempts drop to a one-year maximum and become non-cognizable.

Number trap: Section 152 BNS is not this offence. It is the new offence of acts endangering the sovereignty, unity and integrity of India (imprisonment for life, or up to seven years, and fine). An FIR or charge that cites "Section 152" must be read against the Act it names.

At a glance

IPC	BNS	Offence	Punishment (BNS text)	Classification (BNSS First Schedule)	Change
152 (assault, obstruction, use of criminal force)	195(1)	Assaulting or obstructing, or using criminal force on, a public servant dispersing an unlawful assembly or suppressing a riot or affray	Up to 3 years, or fine not less than ₹25,000, or both	Cognizable; bailable; Magistrate of the first class	Modified (minimum fine added)
152 (threat, attempt)	195(2)	Threatening to assault, attempting to obstruct, or threatening or attempting to use criminal force on such a public servant	Up to 1 year, or fine, or both	Non-cognizable; bailable; any Magistrate	Modified (3 years → 1 year; re-classified)
153 (rioting committed)	192	Wantonly giving provocation with intent to cause riot, if rioting is committed	Up to 1 year, or fine, or both	Cognizable; bailable; any Magistrate	Minor edit
153 (rioting not committed)	192	The same, if rioting is not committed	Up to 6 months, or fine, or both	Cognizable; bailable; any Magistrate	Minor edit (trial court re-classified)

The CrPC First Schedule listed Section 152 IPC — every form of it — as cognizable, bailable and triable by a Magistrate of the first class. It listed Section 153 IPC as cognizable and bailable in both limbs, triable by any Magistrate where rioting was committed and by a Magistrate of the first class where it was not.

What changed

Modified — Section 195(1) BNS: the acts of assaulting, obstructing and using criminal force keep the maximum of three years, but the fine alternative now reads "fine which shall not be less than twenty-five thousand rupees". Section 152 IPC read "or with fine, or with both" with no minimum.
Modified — Section 195(2) BNS: threatening to assault, attempting to obstruct, and threatening or attempting to use criminal force are moved into a separate sub-section with a maximum of one year, or fine, or both. Under Section 152 IPC these acts carried the same three-year maximum as an actual assault. The BNSS First Schedule lists sub-section (2) as non-cognizable and triable by any Magistrate; under the CrPC the whole of Section 152 was cognizable and triable by a Magistrate of the first class.
Drafting — Section 195: "uses criminal force to such public servant" becomes "uses criminal force on any public servant" in sub-section (1); the IPC's single sentence ("assaults or threatens to assault, or obstructs or attempts to obstruct … or uses, or threatens, or attempts to use criminal force") is divided between the two sub-sections. The occasion — "in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray" — is unchanged except that the comma the IPC placed after "as such public servant" is dropped.
Minor edit — Section 192 BNS (IPC 153): "malignantly, or wantonly, by doing anything which is illegal" becomes "malignantly, or wantonly by doing anything which is illegal" (the comma after "wantonly" is dropped). Both punishments are unchanged. In the BNSS First Schedule, the "if not committed" limb is triable by any Magistrate; the CrPC First Schedule said Magistrate of the first class.

Statutory text (relevant extract)

Extract, Section 152 IPC (repealed from 1 July 2024):

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 endeavouring 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.

Extract, Section 195 BNS:

(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.

How it works — the ingredients

Section 195(1) needs:

A public servant — typically a Magistrate or police officer, but the section is not limited to them.
Acting in the discharge of his duty as such public servant — the section protects official action, not the person as such.
The specific occasion — "endeavouring to disperse an unlawful assembly, or to suppress a riot or affray". An unlawful assembly is an assembly of five or more persons with one of the common objects listed in Section 189(1) BNS; rioting is the use of force or violence by an unlawful assembly or any member of it in prosecution of the common object (Section 191(1)); an affray is two or more persons fighting in a public place and disturbing the public peace (Section 194(1)). The power to command an assembly to disperse, and to disperse it by force, is in Section 148 BNSS.
An act against the public servant — an assault, an obstruction, or use of criminal force.

Section 195(2) has the same first three ingredients, with the fourth replaced by a threat to assault, an attempt to obstruct, or a threat or attempt to use criminal force.

Section 192 (wanton provocation) needs: (1) doing anything which is illegal; (2) malignantly or wantonly; (3) thereby giving provocation to any person; (4) intending, or knowing it to be likely, that the provocation will cause rioting. The punishment depends on the result — up to one year if rioting follows in consequence, up to six months if it does not.

Worked example (a reading of the text): police officers commanded under Section 148(1) BNSS to disperse a crowd are pushed back by a person who blocks their path. The blocking is an obstruction under Section 195(1). If the same person only shouts that he will strike the officers, the act is a threat to assault under Section 195(2). If the crowd was not an unlawful assembly, riot or affray, and the officers were on other duty, Section 195 does not apply; Section 132 BNS (assault or criminal force to deter a public servant) or Section 121 BNS (hurt) may.

What this means in practice

For the investigating officer

Frame the charge by sub-section. An FIR under "Section 195 BNS" that does not say whether the act was an actual assault or obstruction, or only a threat or attempt, leaves the cognizable status and the trial court unclear.
For a Section 195(2) offence, which is non-cognizable, Section 174(1) BNSS requires the officer to record the substance of the information and refer the informant to the Magistrate, and Section 174(2) bars investigation without the Magistrate's order.
Record the occasion: the order to disperse, who gave it, and the conduct of the assembly. The offence depends on the public servant being engaged in dispersing an unlawful assembly or suppressing a riot or affray.

For the accused and defence advocate

Both sub-sections are bailable. Section 479(1) BNSS (release on bail after detention "for a period extending up to one-half of the maximum period of imprisonment", or on bond after one-third for a first-time offender) applies because neither sub-section specifies death or life imprisonment.
Test the occasion and the duty. If the assembly was not unlawful and there was no riot or affray, or the public servant was not acting in the discharge of his duty, Section 195 is not made out on its text.
Test whether the act alleged is a completed assault or obstruction (Section 195(1)) or only a threat or attempt (Section 195(2)); the maximum differs by two years.

On sentence

On a reading of Section 195(1), a court that imposes a fine — alone or with imprisonment — must impose at least ₹25,000. A court may still impose imprisonment alone.

Neighbouring offences to check

Section 132 BNS — assault or criminal force on a public servant in the execution of his duty generally: up to two years, or fine, or both; cognizable, non-bailable, any Magistrate. Note that Section 195(1), the more specific offence, is bailable.
Section 121(1) BNS — voluntarily causing hurt to deter a public servant: up to five years, or fine, or both; cognizable, non-bailable, Magistrate of the first class.
Section 193 BNS — the owner or occupier of land on which an unlawful assembly or riot takes place, who fails to give notice or to use lawful means to prevent or suppress it, is punishable with fine.

Judgments that still matter

No Supreme Court judgment construing Section 152 or Section 153 IPC, or Section 192 or Section 195 BNS, was verified for this page, so the ingredients above are stated from the text of the sections only.

Which law applies to your case

Section 358(2) BNS keeps alive any penalty or punishment incurred under the IPC and allows proceedings to be instituted, continued or enforced "as if that Code had not been repealed"; on a reading of that provision, conduct before 1 July 2024 is charged under Section 152 or Section 153 IPC. Investigations and trials pending on that date continue under the CrPC (Section 531(2)(a) BNSS). Article 20(1) of the Constitution bars a penalty greater than the law in force at the time of the offence, so, on a reading of that Article, the ₹25,000 minimum fine in Section 195(1) cannot be imposed for earlier conduct; the lower one-year maximum for threats and attempts in Section 195(2) raises a separate question the text of Article 20(1) does not answer. See which law applies to an offence before 1 July 2024.

Frequently asked questions

What is the BNS equivalent of Section 152 IPC? Section 195 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 152 IPC. Sub-section (1) covers assaulting, obstructing or using criminal force on a public servant who is dispersing an unlawful assembly or suppressing a riot or affray; sub-section (2) covers threatening to assault, attempting to obstruct, and threatening or attempting to use criminal force. Section 152 BNS is a different offence: acts endangering the sovereignty, unity and integrity of India.

What is the punishment under Section 195 BNS? Under Section 195(1) BNS, imprisonment of either description up to three years, or fine which shall not be less than twenty-five thousand rupees, or both. Under Section 195(2), imprisonment of either description up to one year, or fine, or both. Section 152 IPC punished every form of the offence with up to three years, or fine, or both, with no minimum fine.

Is Section 195 BNS bailable and cognizable? Both sub-sections are bailable under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 195(1) is cognizable and triable by a Magistrate of the first class; Section 195(2) is non-cognizable and triable by any Magistrate. The CrPC First Schedule listed the whole of Section 152 IPC as cognizable, bailable and triable by a Magistrate of the first class.

Does Section 195 BNS apply to an assault on a police officer at any time? No. Section 195 applies only where the public servant is acting in the discharge of his duty in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray. Assault or criminal force on a public servant in the execution of his duty generally falls under Section 132 BNS (up to two years, or fine, or both), and voluntarily causing hurt to deter a public servant falls under Section 121(1) BNS (up to five years, or fine, or both).

What is the BNS equivalent of Section 153 IPC? Section 192 BNS replaces Section 153 IPC (wantonly giving provocation with intent to cause riot). The punishment is the same: up to one year, or fine, or both, if rioting is committed in consequence, and up to six months, or fine, or both, if it is not. The only textual change is a dropped comma after 'wantonly'.

Can an offence under Section 195 BNS be compounded? No. Section 195 BNS does not appear in either compounding table in Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 152 IPC did not appear in Section 320 CrPC. A settlement between the parties therefore does not end the case by compounding.

Which law applies to an offence under Section 152 IPC committed before 1 July 2024? Section 358(2) BNS saves any penalty incurred under the IPC and lets proceedings continue as if it had not been repealed, so, on a reading of that text, conduct before 1 July 2024 is charged under Section 152 IPC. Article 20(1) of the Constitution bars a penalty greater than the law in force at the time, so, on a reading of that Article, the twenty-five-thousand-rupee minimum fine in Section 195(1) BNS cannot be imposed for earlier conduct.

Sources

Bharatiya Nyaya Sanhita, 2023 (Gazette text): Sections 121, 132, 152, 189, 191 to 195, and 358.
Indian Penal Code, 1860 (India Code text): Sections 151 to 153.
Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette text): Sections 148, 174, 359, 479 and 531, and the First Schedule entries for Sections 121(1), 132, 152 and 191 to 195 BNS.
Code of Criminal Procedure, 1973: Section 320 and the First Schedule entries for Sections 150 to 153 IPC.
Constitution of India: Article 20(1).
Judgments: none cited (see "Judgments that still matter").

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.

Section 152 IPC vs Section 195 BNS — Assaulting or Obstructing a Public Servant Suppressing a Riot