(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.r 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.
Simplified Explanation
Section 189 of the Bharatiya Nyaya Sanhita (BNS) defines and outlines the offense of unlawful assembly, detailing the conditions under which an assembly becomes unlawful and the corresponding punishments for participation or incitement to such assemblies.
Key Provisions
- Unlawful Assembly Definition:
- An assembly of five or more persons is considered an unlawful assembly if its common object is:
- (a) Overawing the government or any public servant by criminal force or the show of criminal force.
- (b) Resisting the execution of any law or legal process.
- (c) Committing mischief, criminal trespass, or any other offense.
- (d) Using criminal force or the show of criminal force to obtain possession of property, deprive a person of a right, or enforce a supposed right.
- (e) Using criminal force or the show of criminal force to compel someone to act in a way they are not legally bound to, or to omit something they are legally entitled to do.
- Explanation: An assembly that is lawful at the time of assembling may become unlawful if its object changes or if it turns violent.
- An assembly of five or more persons is considered an unlawful assembly if its common object is:
- Punishment for Joining an Unlawful Assembly:
- Subsection (2): If a person knowingly joins or continues in an unlawful assembly, they can be punished with:
- Imprisonment of up to 6 months, or a fine, or both.
- Subsection (3): If a person joins or continues in an unlawful assembly after being lawfully commanded to disperse, they can face:
- Imprisonment of up to 2 years, or a fine, or both.
- Subsection (2): If a person knowingly joins or continues in an unlawful assembly, they can be punished with:
- Punishment for Being Armed in an Unlawful Assembly:
- Subsection (4): If a person is a member of an unlawful assembly and is armed with a deadly weapon, or something that could likely cause death, they will be punished with:
- Imprisonment for up to 2 years, or a fine, or both.
- Subsection (4): If a person is a member of an unlawful assembly and is armed with a deadly weapon, or something that could likely cause death, they will be punished with:
- Punishment for Continuing a Disturbance After Command to Disperse:
- Subsection (5): If a person continues to be part of an assembly that is likely to disturb public peace, after being ordered to disperse, they can be punished with:
- Imprisonment of up to 6 months, or a fine, or both.
- Subsection (5): If a person continues to be part of an assembly that is likely to disturb public peace, after being ordered to disperse, they can be punished with:
- Punishment for Engaging or Hiring People to Join an Unlawful Assembly:
- Subsection (6): If someone hires, engages, promotes, or permits others to join or become part of an unlawful assembly, they will be punished as if they themselves were a member of the unlawful assembly. This applies to any offense committed by those they hired or engaged in the assembly.
- Punishment for Engaging or Hiring for Specific Acts:
- Subsection (8): If someone hires or engages a person to perform any unlawful act (such as committing mischief, trespassing, or using criminal force), they will face punishment for that act as if they were personally involved.
- Punishment: Imprisonment of up to 6 months, or a fine, or both.
- Punishment for Going Armed in an Unlawful Assembly:
- Subsection (9): If someone engaged or hired to join an unlawful assembly goes armed with a deadly weapon, or something likely to cause death, they will face:
- Imprisonment of up to 2 years, or a fine, or both.
- Subsection (9): If someone engaged or hired to join an unlawful assembly goes armed with a deadly weapon, or something likely to cause death, they will face:
Explanation and Key Concepts
- Unlawful Assembly:
- An assembly becomes unlawful when the common objective involves criminal acts, threats of force, or resistance to legal authority.
- Criminal force refers to the use of violence or the threat of violence to achieve an objective.
- Public servant includes police officers, government officials, and other persons in positions of authority.
- Joining or Continuing in an Unlawful Assembly:
- A person becomes liable if they knowingly join an assembly that has unlawful intent or if they continue to participate in such an assembly after being ordered to disperse.
- Armed Participation in Unlawful Assembly:
- If someone is armed (e.g., with a weapon or dangerous object) while participating in an unlawful assembly, the punishment is more severe, recognizing the increased threat posed by such individuals.
- Engagement or Hiring for Unlawful Acts:
- If a person is engaged or hired to join an unlawful assembly, or to assist in unlawful acts, they are equally responsible for any crimes committed by others as part of the assembly.
- Command to Disperse:
- An assembly becomes even more unlawful if it refuses to disperse when legally commanded to do so by an authorized public servant.
- Promoting or Inciting Unlawful Assembly:
- This section also criminalizes promoting or inciting others to join or participate in unlawful activities, holding such individuals accountable for any offenses committed by those they incited.
Purpose and Rationale
- Maintaining Public Order:
- The primary purpose of this section is to maintain public order and ensure that assemblies do not become a threat to the peace or the rule of law.
- It aims to prevent violence, disruptions, or threats against the government, public servants, or individuals by groups of people.
- Deterrence Against Violence:
- By punishing the use of force and resistance to legal processes, this section seeks to deter violent protests or riots.
- It also targets armed violence, recognizing the severe risk posed by individuals with deadly weapons in unlawful assemblies.
- Accountability for Organizers:
- The law holds organizers or instigators of unlawful assemblies accountable, ensuring that those who hire or engage others for illegal purposes are also punished for the crimes committed by those they encouraged.
Conclusion
Section 189 of the Bharatiya Nyaya Sanhita 2023 is a crucial provision aimed at maintaining public order by defining and punishing unlawful assemblies and the various roles individuals may play in such assemblies. The law provides a detailed framework for determining what constitutes an unlawful assembly and imposes penalties for participating in, promoting, or inciting such assemblies, particularly if they involve violence, resistance to law enforcement, or threats to public safety. By doing so, it seeks to ensure that the right to assemble does not jeopardize the public peace or government authority.
