BNS Section 190 - Assaulting or Obstructing Public Servant When Suppressing Riot
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.
Non-bailable, Cognizable
Official 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 endeavouring to disperse an unlawful assembly.”
Legal Analysis
Elements to Prove:
- Assault or obstruction.
- Public servant on duty.
- Suppressing unlawful assembly.
Potential Defenses:
- Self-defense.
- Excessive force by public servant.
- Lawful resistance.
Practical Examples
What Constitutes the Offense:
Attacking police officers, blocking law enforcement, resisting dispersal.
What Doesn't Constitute:
Self-defense, lawful resistance, or peaceful compliance.
Punishment
Imprisonment up to 3 years, or Fine, or both