What is Section 152 IPC? Assaulting or obstructing public servant when suppressing riot, etc.
Published on: Lawiz Team
Detailed explanation of Section 152 IPC: Assaulting or obstructing public servant when suppressing riot, etc..
Official Legal Text
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 endeavoring to disperse an unlawful assembly, or to suppress a riot, or in the prevention of a riot, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 152 punishes anyone who assaults or obstructs a public servant while they are attempting to suppress a riot or unlawful assembly.
Purpose
To protect public servants from harm while performing their duties.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 3 years, or fine, or both.
Key Elements
The person must intentionally assault or obstruct a public servant during their lawful duties.
Punishment Details
Imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Legal Defenses
If the person can prove they did not know the individual was a public servant or were acting in self-defense.
Judicial Interpretation
Courts have emphasized that the public servant must be acting within their lawful authority.
Illustration
If a person attacks a police officer who is trying to disperse a violent crowd, they can be punished under Section 152.
FAQs
What does Section 152 IPC define?
Assaulting or obstructing public servant when suppressing riot, etc..
Where is Section 152 IPC applicable?
In cases involving assaulting or obstructing public servant when suppressing riot, etc. situations.
What is the scope of Section 152 IPC?
It deals with offences relating to unlawful assemblies, riots, and public order.
Give an example of Section 152 IPC being used.
It is applied when individuals join unlawful assemblies or provoke public disorder.
What punishments are mentioned in Section 152 IPC?
Punishments include imprisonment, fine, or both depending on severity.
Is Section 152 IPC connected to other IPC sections?
Yes, it works alongside related riot, unlawful assembly, and public disturbance laws.
How have courts interpreted Section 152 IPC?
Courts focus on common object, criminal force, and disturbance of peace while interpreting.