IPC 152 vs BNS 152
● Retained in BNSAssaulting or obstructing public servant when suppressing riot, etc.
Section 152 of the Indian Penal Code, 1860, deals with the offence of assaulting, obstructing, or resisting a public servant who is lawfully engaged in suppressing a riot or dispersing an unlawful assembly.
Key points of IPC 152:
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The act must be directed against a public servant (police, magistrate, etc.).
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The servant must be acting in his official capacity to suppress a riot or disperse an assembly.
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Punishment: imprisonment up to 3 years, or fine, or both.
For example, if police attempt to disperse a violent mob and rioters throw stones at them, or physically prevent them from performing their duty, they can be punished under IPC 152.
This section protects public servants by ensuring legal backing while maintaining law and order and discourages attacks on those enforcing authority during riots or unlawful gatherings.
Assaulting or obstructing public servant when suppressing riot, etc.
Section 152 of the Bharatiya Nyaya Sanhita, 2023, is identical to IPC 152. It penalizes anyone who assaults, obstructs, or resists a public servant while they are engaged in lawful duty to suppress riots or disperse unlawful assemblies.
Key highlights of BNS 152:
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Protects police and other authorities from violence or obstruction.
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Applies even if the offender did not participate in the riot but interfered with the officer’s duty.
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Punishment: imprisonment up to 3 years, or fine, or both.
For instance, if during a riot, a person blocks police vehicles or attacks officers with sticks to stop them from dispersing the crowd, they are punishable under BNS 152.
This provision is crucial in safeguarding state authority and ensuring that those enforcing peace are not hindered by mob resistance.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 152 to BNS BNS 152.