Section 152 IPC - Assaulting or Obstructing Public Servant When Suppressing Riot

Section 152 of the Indian Penal Code, 1860 punished assault, threatened assault, obstruction, attempted obstruction, or use or threatened or attempted use of criminal force against a public servant performing the duty of dispersing an unlawful assembly or suppressing a riot or affray.

Section 152 of the Indian Penal Code 1860

Meaning and Scope of Section 152 IPC

Section 152 protected a public servant while performing a particular class of public duty connected with public tranquillity. The provision applied where the public servant was endeavouring to disperse an unlawful assembly or suppress a riot or affray and another person committed one of the acts specifically described in the section.

The section was wider than an offence limited to a completed physical assault. Its express wording also covered threatening an assault, obstruction, attempted obstruction, use of criminal force, threatened use of criminal force and attempted use of criminal force.

Essential Ingredients of Section 152 IPC

Application of Section 152 required the relevant statutory elements to be established. These included:

• the person affected was a public servant;
• the public servant was acting in discharge of his duty as a public servant;
• that duty involved endeavouring to disperse an unlawful assembly, or suppress a riot or affray; and
• the accused assaulted or threatened to assault the public servant, obstructed or attempted to obstruct the public servant, or used, threatened or attempted to use criminal force against the public servant.

Meaning of Public Servant Under Section 21 IPC

The expression public servant was defined in Section 21 IPC. That provision contained an extensive statutory list of persons treated as public servants for the purposes of the Penal Code. For Section 152, it was also necessary that the public servant be acting in the discharge of the specific duty described in the section.

Meaning of Unlawful Assembly Under Section 141 IPC

Section 141 IPC provided that an assembly of five or more persons was designated an unlawful assembly when the common object of the persons composing it fell within any of the objects specified in that section. Section 152 applied where the public servant was endeavouring to disperse such an unlawful assembly.

Riot Under Sections 146 and 147 IPC

Section 146 IPC defined rioting. In substance, where force or violence was used by an unlawful assembly, or by any member of it, in prosecution of the common object of that assembly, every member of the assembly was guilty of the offence of rioting. Section 147 IPC prescribed punishment for rioting.

Affray Under Sections 159 and 160 IPC

Section 159 IPC defined affray as a situation where two or more persons, by fighting in a public place, disturbed the public peace. Section 160 IPC prescribed punishment for committing an affray.

Assault and Criminal Force

For the pre-BNS IPC framework, criminal force was defined by Section 350 IPC and assault by Section 351 IPC. Section 152 expressly covered both assault and criminal force in the circumstances specified by the provision. It also extended to threats and attempts described in the statutory text.

Punishment Under Section 152 IPC

Section 152 and Other Public Tranquillity Offences

Section 152 appeared in Chapter VIII of the IPC, which dealt with offences against public tranquillity. It operated alongside provisions dealing with unlawful assembly, rioting, liability arising from a common object, dispersal of assemblies, provocation to riot and affray. The precise provision applicable depended upon the conduct alleged and the statutory ingredients established by the facts.

This page describes Section 152 of the Indian Penal Code, 1860 in its pre-BNS legal context. Which criminal law applies to a particular matter depends, among other things, on the date and facts of the alleged offence.