Code : Section 189 BNS
(1) An assembly of five or more persons is designated an “unlawful assembly”, if
the common object of the persons composing that assembly is—
(a) to overawe by criminal force, or show of criminal force, the Central Government
or any State Government or Parliament or the Legislature of any State, or any public
servant in the exercise of the lawful power of such public servant; or
(b) to resist the execution of any law, or of any legal process; or
(c) to commit any mischief or criminal trespass, or other offence; or
(d) by means of criminal force, or show of criminal force, to any person, to take or
obtain possession of any property, or to deprive any person of the enjoyment of a
right of way, or of the use of water or other incorporeal right of which he is in possession
or enjoyment, or to enforce any right or supposed right; or
(e) by means of criminal force, or show of criminal force, to compel any person to
do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation.—An assembly which was not unlawful when it assembled, may
subsequently become an unlawful assembly.
(2) Whoever, being aware of facts which render any assembly an unlawful assembly,
intentionally joins that assembly, or continues in it, is said to be a member of an unlawful
assembly and such member shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.
(3) Whoever joins or continues in an unlawful assembly, knowing that such unlawful
assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(4) Whoever, being armed with any deadly weapon, or with anything which, used as a
weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be
punished with imprisonment of either description for a term which may extend to two years,
or with fine, or with both.
(5) Whoever knowingly joins or continues in any assembly of five or more persons
likely to cause a disturbance of the public peace, after such assembly has been lawfully
commanded to disperse, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine, or with both.
Explanation.—If the assembly is an unlawful assembly within the meaning of
sub-section (1), the offender shall be punishable under sub-section (3).
(6) Whoever hires or engages, or employs, or promotes, or connives at the hiring,
engagement or employment of any person to join or become a member of any unlawful
assembly, shall be punishable as a member of such unlawful assembly, and for any offence
which may be committed by any such person as a member of such unlawful assembly in
pursuance of such hiring, engagement or employment, in the same manner as if he had been
a member of such unlawful assembly, or himself had committed such offence.
(7) Whoever harbours, receives or assembles, in any house or premises in his
occupation or charge, or under his control any persons knowing that such persons have
been hired, engaged or employed, or are about to be hired, engaged or employed, to join or
become members of an unlawful assembly, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine, or with both.
(8) Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or
assist in doing any of the acts specified in sub-section (1), shall be punished with imprisonment
of either description for a term which may extend to six months, or with fine, or with both.
(9) Whoever, being so engaged or hired as referred to in sub-section (8), goes armed,
or engages or offers to go armed, with any deadly weapon or with anything which used as a
weapon of offence is likely to cause death, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
Explanation of Section 189 BNS
Section 189 of the Bharatiya Nyaya Sanhita, 2023, defines the offence of “Unlawful Assembly.” An assembly of five or more persons becomes unlawful when their common objective falls under any of the following categories:
- To commit an offence
- To use criminal force against anyone
- To commit property-related offences like mischief or trespass
- To force someone to do something illegally or prevent them from doing something legally
- To use criminal force against a public servant performing lawful duty
It is not just the mere gathering of people but their collective intent or object that makes the assembly unlawful.
Key Ingredients
To constitute an unlawful assembly under Section 189:
- There must be five or more persons.
- There must be a common object among them.
- The object must fall under any of the five categories mentioned in the provision.
Mere presence in the group without sharing the common object is not sufficient to be guilty.
Punishment
The punishment for being a member of an unlawful assembly is prescribed under Section 190 BNS.
You can read it here: 👉 Section 190 BNS – Punishment For Being A Member Of An Unlawful Assembly
Illustration
Example:
If five persons assemble outside a government office with the intention to forcibly stop public servants from performing their duty and threaten to damage property if their demands are not met, such assembly is an “Unlawful Assembly.”
However, if five friends gather in a park without any unlawful object, it is not unlawful assembly.
Common Questions & Answers
1. How many people are required to constitute an unlawful assembly?
Minimum five persons with a common unlawful objective.
2. Is it necessary that an offence should actually be committed?
No. The mere assembly with a common unlawful object is sufficient.
3. What is the difference between unlawful assembly and riot?
Unlawful assembly becomes “Riot” when force or violence is used by the assembly or any member thereof. Riot is covered under Section 191 BNS.
4. Is common intention necessary in unlawful assembly?
No. What is required is a “common object” and not “common intention.” These are different in law.
Related Sections (Clickable Internal Links)
You may also read:
- 👉 Section 190 BNS – Punishment For Being A Member Of An Unlawful Assembly
- 👉 Section 191 BNS – Rioting
- 👉 Section 106 BNS – Right Of Private Defence Against Unlawful Assembly
Conclusion
Section 189 BNS aims to ensure that public peace is maintained by prohibiting assemblies with criminal or unlawful objectives. It empowers law enforcement to act pre-emptively against such gatherings.
For section-wise detailed information on Bharatiya Nyaya Sanhita, visit 👉 ApniLaw.com
