Bharatiya Nyaya Sanhita: Section 193 – Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place

(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.

Simplified Explanation

Section 193 of the Bharatiya Nyaya Sanhita outlines the responsibilities and liabilities of landowners, occupiers, or anyone with an interest in the land where an unlawful assembly or riot occurs. It focuses on the failure of these individuals (or their agents/managers) to take appropriate action when they know or have reason to believe that such an offense is being committed or is likely to be committed on their property.

Key Provisions

1. Responsibility of Landowner or Occupier (Subsection 1):
   • The owner or occupier of the land where an unlawful assembly or riot takes place, as well as any person with an interest in the land, will be punished with a fine not exceeding one thousand rupees if:
     • They know or have reason to believe that the unlawful assembly or riot is occurring or is likely to occur, and
     • They fail to notify the police as soon as possible (to the officer in charge of the nearest police station).
     • They fail to take reasonable steps to prevent the assembly or riot from taking place.
     • They do not use lawful means to disperse or suppress the assembly or riot once it occurs.
   • The section places a responsibility on landowners or occupiers to take preventive and corrective actions in the case of public disturbances on their property.
2. Riot Committed for the Benefit of the Landowner (Subsection 2):
   • If a riot occurs for the benefit or on behalf of the owner, occupier, or someone who claims an interest in the land (or in a dispute related to the land), such a person will be punishable with a fine if:
     • They fail to use all lawful means to prevent the riot or unlawful assembly, despite having reason to believe that such a disturbance was likely to happen.
     • This provision holds individuals accountable when a riot occurs as a result of a dispute over their property or when the riot benefits them, and they fail to act to prevent or suppress it.
3. Liability of Agent or Manager (Subsection 3):
   • If the riot occurs for the benefit of the landowner or occupier (or anyone with an interest in the land), the agent or manager of the landowner will be punishable with a fine if:
     • They have reason to believe that the riot was likely to occur or that an unlawful assembly was likely to take place.
     • They fail to take action to prevent or suppress the riot or assembly on behalf of the landowner.
   • This ensures that agents or managers (who are responsible for managing the property) are also held accountable for their failure to prevent or address unlawful activities on the land.

Explanation and Key Concepts

• Landowner/Occupier: A person who owns or occupies the land where an unlawful assembly or riot takes place.
• Interest in Land: A person who claims ownership or has any legal or financial interest in the land or property where the disturbance occurs.
• Unlawful Assembly or Riot: The section applies to any illegal gathering or riot occurring on the land, whether it is caused by a dispute over the property or other issues.
• Lawful Means: Refers to legal steps such as contacting the police, warning the assembly to disperse, or taking other actions to prevent the assembly or riot from escalating.

Purpose and Rationale

1. Preventing Public Disorder: The section seeks to ensure that landowners and occupiers play an active role in preventing unlawful assemblies or riots on their property.
2. Accountability for Property-Related Disputes: If a riot occurs due to a dispute over property, the person benefiting from the dispute (owner, occupier, or person claiming interest) must take responsibility for preventing the disturbance.
3. Legal Duty to Act: Landowners or occupiers are under a legal duty to take reasonable steps to prevent or address unlawful activities occurring on their property, thus ensuring public peace and safety.

Punishment and Penalties

• If the landowner, occupier, or person with an interest fails to act:
  • They are punishable with a fine not exceeding one thousand rupees.
• If the riot occurs for the benefit of a person (landowner, occupier, etc.):
  • The landowner, occupier, or interested party is punishable with a fine for failing to prevent the riot.
• For agents or managers of the landowner:
  • They are punishable with a fine for failing to act to prevent or suppress the riot.

Conclusion

Section 193 of the Bharatiya Nyaya Sanhita 2023 places a clear legal obligation on landowners, occupiers, and those with an interest in land to prevent or take appropriate actions in the event of an unlawful assembly or riot taking place on their property. It aims to ensure that property owners do not allow disturbances on their land to escalate into public disorder and that they are held accountable if they fail to act to prevent or suppress such unlawful activities. This provision extends the responsibility to agents and managers who oversee the property on behalf of the landowners.