Legal Provisions of Section 152 of Indian Penal Code, 1860.
Assaulting or obstructing public servant when suppressing riot, etc:
This section attempts to deter persons from interfering with some of the duties of a public servant with respect to maintaining public peace. It says that 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 his endeavour to disperse an unlawful assembly, or in his endeavour to suppress a riot or affray, or uses criminal force, or threatens to use criminal force, or attempts to use criminal force to such public servant, shall be punished with simple or rigorous imprisonment for a term extending up to three years, or with fine, or with both.
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ADVERTISEMENTS:
The interference must be in the form of assaulting or threatening to assault, or obstructing or attempting to obstruct, a public servant. The interference must be with respect to the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly or to suppress a riot or affray. Or use of, or threatening the use of, or attempting to use criminal force to such public servant must be established for the applicability of this section. The meaning of ‘affray’ is the same as given under section 159 of the Code, while ‘criminal force’ and ‘assault’ have been defined under sections 350 and 351 of the Code respectively.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by court of session, metropolitan magistrate or magistrate of the first class.