BNS Section 189 – Unlawful assembly
The Indian Penal Code (IPC) Section – 141,145,150,151,157,158
Unlawful Assembly
An unlawful assembly refers to a group of five or more persons who gather with a common intent to engage in actions that threaten public order, resist legal authority, or commit offenses. This section outlines the various offenses associated with unlawful assemblies and the corresponding punishments.
Offenses and Punishments
| Offense | Punishment | Cognizable or Non-cognizable | Bailable or Non-bailable | By What Court Triable |
|---|---|---|---|---|
| Being a member of an unlawful assembly | Imprisonment for up to 6 months, or fine, or both | Cognizable | Bailable | Any Magistrate |
| Joining or continuing in an unlawful assembly after being commanded to disperse | Imprisonment for up to 2 years, or fine, or both | Cognizable | Bailable | Any Magistrate |
| Joining an unlawful assembly armed with a deadly weapon | Imprisonment for up to 2 years, or fine, or both | Cognizable | Bailable | Any Magistrate |
| Knowingly joining or continuing in an assembly after being commanded to disperse | Imprisonment for up to 6 months, or fine, or both | Cognizable | Bailable | Any Magistrate |
| Hiring, engaging, or employing persons to take part in an unlawful assembly | The same as for a member of the assembly and for any offense committed by any member | Cognizable | According to the offense’s classification | The Court by which the offense is triable |
| Harbouring persons hired for an unlawful assembly | Imprisonment for up to 6 months, or fine, or both | Cognizable | Bailable | Any Magistrate |
| Being hired to take part in an unlawful assembly or riot | Imprisonment for up to 6 months, or fine, or both | Cognizable | Bailable | Any Magistrate |
| Going armed with any deadly weapon as part of an unlawful assembly | Imprisonment for up to 2 years, or fine, or both | Cognizable | Bailable | Any Magistrate |
Explanation of Key Offenses
- Unlawful Assembly:
- An assembly of five or more persons becomes unlawful if their common purpose is:
- To overawe the government, legislature, or public servants using criminal force.
- To resist legal processes or lawful authority.
- To commit offenses like mischief, criminal trespass, or other criminal acts.
- To take possession of property or deprive someone of rights using force.
- To compel someone to do or omit an act they are not legally bound to do.
- An assembly of five or more persons becomes unlawful if their common purpose is:
- Knowing Assembly is Unlawful:
- If someone joins or continues in an unlawful assembly, knowing it has been commanded to disperse, they are committing an offense.
- Being Armed in an Unlawful Assembly:
- Being armed with a deadly weapon in an unlawful assembly escalates the punishment to up to 2 years of imprisonment.
- Hiring or Engaging Persons for an Unlawful Assembly:
- Anyone who hires, employs, or promotes people to join an unlawful assembly is treated as a member of that assembly and is liable for any crimes committed by its members.
- Harbouring Persons for Unlawful Assemblies:
- A person who harbours or receives individuals involved in an unlawful assembly, knowing their purpose, can face imprisonment or fine.
- Being Hired to Join an Unlawful Assembly:
- If someone is hired or engaged to take part in an unlawful assembly, they are punishable by imprisonment or fine.
Importance of the Law
This section of the law ensures public order and safety by penalizing unlawful gatherings that may pose a threat to society. The law seeks to prevent:
- Violence against the government, public servants, or individuals.
- Resistance to lawful authority.
- Public disturbances caused by large gatherings that refuse to disperse when ordered by law enforcement.
By making these actions punishable, the law aims to maintain peace and order, and to deter the formation of unlawful assemblies that could lead to riots, damage, or loss of life.
Conclusion
The law governing unlawful assemblies imposes strict penalties for participation in or promoting such assemblies. It ensures that individuals who engage in violent, disruptive, or unlawful acts in a group are held accountable, helping maintain peace and order within society.