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IPC · Chapter VIII · Of offences against the public tranquillity

IPC section 152 in the BNS

IPC 152BNS 195(1), 195(2)

IPC section 152, “Assaulting or obstructing public servant when suppressing riot, etc”, is now BNS sections 195(1) and 195(2) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

What changed

From IPC 152 to BNS 195

Now BNS section 195, split by seriousness. Sub-section (1): assaulting, obstructing or using criminal force on a public servant dispersing an unlawful assembly or suppressing a riot is punishable with up to three years, or a fine of at least ₹25,000, or both. Sub-section (2): only threatening or attempting these is punishable with up to one year, or fine, or both. The IPC had one punishment (up to three years, or fine, or both) for all of them.

The official text

Old and new, side by side

Indian Penal Code, 1860

Section 152 Assaulting or obstructing public servant when suppressing riot, etc

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.

Bharatiya Nyaya Sanhita, 2023

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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.

Sources

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