Section 157 IPC: Harbouring Persons Hired for an Unlawful Assembly
Section 157 of the Indian Penal Code, 1860 punished a person who knowingly harboured, received or assembled, in premises under that person's occupation, charge or control, persons hired or about to be hired to join or become members of an unlawful assembly.
Text of Section 157 IPC
Meaning and Scope of Section 157 IPC
Section 157 formed part of Chapter VIII of the IPC, which dealt with offences against public tranquillity. The provision targeted the knowing provision or use of premises for persons hired, engaged or employed, or about to be hired, engaged or employed, to join an unlawful assembly.
The section covered three forms of conduct: harbouring such persons, receiving them, or assembling them. The conduct had to take place in a house or premises in the accused person's occupation or charge, or otherwise under that person's control. Knowledge of the purpose for which the persons had been, or were about to be, hired, engaged or employed was an express element of the offence.
Essential Ingredients of Section 157 IPC
For Section 157 to apply, the prosecution had to establish the statutory ingredients. In substance, these were:
- The accused harboured, received or assembled one or more persons.
- The harbouring, receiving or assembling occurred in a house or premises in the accused's occupation or charge, or under the accused's control.
- The persons concerned had been hired, engaged or employed, or were about to be hired, engaged or employed.
- The purpose of that hiring, engagement or employment was to join or become members of an unlawful assembly.
- The accused knew of that hiring, engagement or employment, or intended hiring, engagement or employment for the unlawful assembly.
Meaning of Unlawful Assembly
The expression "unlawful assembly" was defined by Section 141 IPC. Under that provision, an assembly of five or more persons became an unlawful assembly when the common object of the persons composing it fell within one of the objects specified in Section 141.
Section 157 therefore operated in connection with the unlawful-assembly framework of the IPC. It did not punish ordinary accommodation or gathering of persons. The provision required knowledge that the persons had been, or were about to be, hired, engaged or employed to join or become members of an unlawful assembly.
Meaning of Harbour
The IPC contained a general definition of "harbour" in Section 52A IPC. Subject to the stated exception in that definition, harbouring included supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or assisting a person by specified means to evade apprehension.
Section 157 itself was wider in its operative wording because it expressly referred not only to harbouring, but also to receiving or assembling the relevant persons in premises within the accused's occupation, charge or control.
Knowledge Is an Essential Requirement
The wording of Section 157 expressly required knowledge. The accused had to know that the persons being harboured, received or assembled had been hired, engaged or employed, or were about to be hired, engaged or employed, to join or become members of an unlawful assembly. Mere presence of such persons at premises, without the required knowledge and other statutory ingredients, would not by itself satisfy the wording of Section 157.
Punishment and Classification Before BNS
| Punishment | Imprisonment of either description for up to six months, or fine, or both |
|---|---|
| Cognizability | Cognizable |
| Bail | Bailable |
| Court | Triable by any Magistrate |
| Compounding | Non-compoundable |
Relationship with Sections 150 and 158 IPC
Section 150 IPC dealt with hiring, engaging, employing, promoting or conniving at the hiring, engagement or employment of persons to join or become members of an unlawful assembly. Section 157 addressed a different but related act: knowingly harbouring, receiving or assembling such hired or prospective hired persons in premises within the accused's occupation, charge or control.
Section 158 IPC dealt with the person who was engaged or hired, or offered or attempted to be hired or engaged, to do or assist in doing acts specified in Section 141, with an enhanced punishment where such a person went armed in the circumstances described by that section.
Practical Legal Effect
Section 157 addressed deliberate support for the formation or membership of an unlawful assembly through the use of premises. Its focus was not simply ownership of a house or premises, but the accused's occupation, charge or control of the premises, the act of harbouring, receiving or assembling the persons, and knowledge of their hiring or intended hiring for an unlawful assembly.
Position After 1 July 2024
The Indian Penal Code, 1860 was repealed when the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, subject to the applicable repeal and savings provisions. The corresponding subject matter is addressed in the unlawful-assembly provisions of the BNS. For conduct governed by the earlier IPC, Section 157 and the applicable savings provisions may remain relevant; for conduct governed by the new law, the Bharatiya Nyaya Sanhita, 2023 should be consulted.
Note: This page provides an informational explanation of the pre-BNS statutory provision. Application of criminal law depends on the facts, date of the alleged conduct and applicable repeal, savings and procedural provisions.