Code: Section 193 BNS
(1) Whenever any unlawful assembly or riot takes place, the owner or occupier of
the land upon which such unlawful assembly is held, or such riot is committed, and any
person having or claiming an interest in such land, shall be punishable with fine not exceeding
one thousand rupees, if he or his agent or manager, knowing that such offence is being or
has been committed, or having reason to believe it is likely to be committed, do not give
the earliest notice thereof in his or their power to the officer in charge at the nearest
police station, and do not, in the case of his or their having reason to believe that it was about
to be committed, use all lawful means in his or their power to prevent it and, in the event of its
taking place, do not use all lawful means in his or their power to disperse or suppress the riot
or unlawful assembly.
(2) Whenever a riot is committed for the benefit or on behalf of any person who is the
owner or occupier of any land respecting which such riot takes place or who claims any
interest in such land, or in the subject of any dispute which gave rise to the riot, or who has
accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or
his agent or manager, having reason to believe that such riot was likely to be committed or
that the unlawful assembly by which such riot was committed was likely to be held, shall not
respectively use all lawful means in his or their power to prevent such assembly or riot from
taking place, and for suppressing and dispersing the same.
(3) Whenever a riot is committed for the benefit or on behalf of any person who is the
owner or occupier of any land respecting which such riot takes place, or who claims any
interest in such land, or in the subject of any dispute which gave rise to the riot, or who has
accepted or derived any benefit therefrom, the agent or manager of such person shall be
punishable with fine, if such agent or manager, having reason to believe that such riot was
likely to be committed, or that the unlawful assembly by which such riot was committed was
likely to be held, shall not use all lawful means in his power to prevent such riot or assembly
from taking place and for suppressing and dispersing the same.
Explanation of Section 193 BNS
Section 193 of the Bharatiya Nyaya Sanhita (BNS), 2023, imposes legal responsibility on individuals who own, occupy, or have an interest in a property where unlawful assemblies or riots occur.
Key Elements of Section 193 BNS
- Applicability – The section applies to owners, occupiers, tenants, or any interested party of the property.
- Presence of Unlawful Assembly or Riot – The riot or unlawful assembly must occur on the property in question.
- Liability – The owner or occupier is presumed responsible unless they can prove:
- They had no knowledge of the unlawful assembly or riot.
- They did not consent to such activities.
Illustration
Example 1: Landlord Held Liable
A landlord allows a group of people to gather illegally on his land, knowing they intend to create unrest. If a riot ensues, he can be held liable under Section 193 BNS.
Example 2: Innocent Owner Not Liable
A businessman rents out a warehouse, unaware that the tenant is conducting illegal meetings leading to rioting. If he proves he had no knowledge or consent, he won’t be held liable under Section 193.
Common Questions and Answers on Section 193 BNS
1. What is the purpose of Section 193 BNS?
- Answer: It ensures that property owners and occupiers take responsibility for preventing unlawful assemblies or riots on their land.
2. How can an owner or occupier defend themselves under Section 193 BNS?
- Answer: By proving that they:
- Did not know of the unlawful gathering.
- Did not permit or consent to the unlawful assembly.
3. What happens if the owner is found guilty under Section 193 BNS?
- Answer: They may face legal consequences, including fines or other penalties, depending on their level of involvement.
4. Does Section 193 BNS apply to tenants as well?
- Answer: Yes. If a tenant is occupying the property and allows rioting or an unlawful assembly, they can be held liable.
5. Is Section 193 BNS a bailable offence?
- Answer: Yes, in most cases, offences under Section 193 BNS are bailable, unless linked to more serious charges.
Conclusion
Section 193 BNS places a legal duty on owners, occupiers, and interested parties to ensure their property is not used for illegal activities. It helps prevent unlawful assemblies and riots by holding individuals accountable.
For expert legal insights, visit ApniLaw today! 🚀
