IPC Section 152
🔹 Bare Act Language (Simplified)
Section 152 IPC:
"Whoever assaults or obstructs 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, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both."
🔹 Breakdown and Explanation
Let’s break it down into key elements:
1. Who is punished?
Anyone (i.e., any person, not just rioters) who:
Assaults, or
Obstructs
2. Against whom?
A public servant, meaning:
Police officers
Magistrates
Armed forces acting under lawful orders
Any other government servant authorized to control public disorder
3. When?
While the public servant is:
Trying to disperse an unlawful assembly, or
Trying to suppress a riot, or
Trying to control an affray
4. What is an unlawful assembly?
As per IPC Section 141:
An assembly of 5 or more persons with a common object to commit an offense or disrupt public peace.
5. What is a riot?
As per IPC Section 146:
When force or violence is used by an unlawful assembly, it becomes a riot.
6. What is an affray?
As per IPC Section 159:
When two or more persons fight in a public place, disturbing public peace.
7. Nature of Offense
Cognizable: Police can arrest without a warrant.
Bailable: Accused has a right to be released on bail.
Triable by: Magistrate of the first class.
🔹 Punishment
Imprisonment up to 3 years, or
Fine, or
Both
🔹 Illustration (Example)
Example:
During a riot, a police officer tries to control the crowd and restore peace. A person from the crowd throws a stone at the officer or blocks his way intentionally to stop him from doing his duty.
➡️ That person can be charged under Section 152 IPC because he has either assaulted or obstructed the public servant in the discharge of lawful duty.
🔹 Purpose of This Section
The goal is to protect public servants who are performing dangerous duties like controlling riots or violent crowds. Without such protection, public order and law enforcement would be severely hampered.
🔹 Difference from Similar Sections
| Section | Description |
|---|---|
| Section 186 IPC | Obstructing public servant in general duties (not specifically during riots) |
| Section 353 IPC | Assault/criminal force to deter a public servant from duty |
| Section 152 IPC | Specifically when a public servant is dealing with unlawful assemblies, riots, or affray |
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