Section 158 IPC: Being Hired to Take Part in an Unlawful Assembly or Riot

Section 158 of the Indian Penal Code, 1860 punished a 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 IPC. It prescribed a higher maximum term where a person so engaged or hired went armed, or engaged or offered to go armed, with a deadly weapon or another object likely to cause death when used as a weapon of offence.

Pre-BNS legal position: This article explains Section 158 IPC as it stood immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is intended for understanding the IPC provision and matters governed by the earlier law.

Text of Section 158 IPC

158. Being hired to take part in an unlawful assembly or riot. 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 section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both,

or to go armed. - and whoever, being so engaged or hired as aforesaid, 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.

Meaning and Scope of Section 158 IPC

Section 158 formed part of Chapter VIII of the IPC relating to offences against public tranquillity. It dealt with the person who was hired or engaged, or who offered or attempted to be hired or engaged, for conduct connected with an unlawful assembly. This distinguished it from provisions aimed at the person who hired others or knowingly harboured persons hired for such an assembly.

The section contained two punishment limbs. The first concerned engagement, hiring, an offer or an attempt to be hired or engaged to do or assist in doing an act specified in Section 141 IPC. The second applied an enhanced maximum punishment where a person so engaged or hired went armed, or engaged or offered to go armed, with the weapon described in the provision.

Essential Ingredients of Section 158 IPC

First limb: being hired or engaged

The accused was engaged or hired, or offered or attempted to be hired or engaged.
The engagement or hiring was to do, or assist in doing, an act specified in Section 141 IPC.
The conduct therefore had to be connected with one of the statutory common objects that could make an assembly of five or more persons an unlawful assembly.

Second limb: going armed

The person was engaged or hired in the manner contemplated by the first part of Section 158.
The person went armed, or engaged or offered to go armed.
The arm was a deadly weapon, or something which, when used as a weapon of offence, was likely to cause death.

Meaning of Unlawful Assembly Under Section 141 IPC

Section 141 IPC defined an unlawful assembly by reference to an assembly of five or more persons whose common object fell within any of the objects specified in that section. Section 158 expressly incorporated Section 141 by punishing hiring-related conduct undertaken to do or assist in doing the acts specified there.

Meaning of Riot

Section 146 IPC dealt with rioting. In substance, where force or violence was used by an unlawful assembly, or by a member of it, in prosecution of the common object of that assembly, every member of that assembly was guilty of rioting. Although the heading of Section 158 referred to an unlawful assembly or riot, its first operative limb expressly referred to acts specified in Section 141.

Meaning of Going Armed

The enhanced part of Section 158 did not apply merely because an accused possessed an ordinary object. Its language required a deadly weapon or something which, if used as a weapon of offence, was likely to cause death. The armed limb also depended on the person first being engaged or hired as contemplated by the provision.

Punishment and Classification Before BNS

Offence under Section 158 IPC	Punishment	Cognizability	Bail	Trial	Compounding
Being hired, engaged, or offering or attempting to be hired or engaged for acts specified in Section 141	Imprisonment of either description up to 6 months, or fine, or both	Cognizable	Bailable	Any Magistrate	Non-compoundable
Going armed, or engaging or offering to go armed, in the circumstances stated in Section 158	Imprisonment of either description up to 2 years, or fine, or both	Cognizable	Bailable	Any Magistrate	Non-compoundable

Relationship with Sections 150 and 157 IPC

Section 150 IPC addressed the person who hired, engaged or employed, or promoted or connived at the hiring, engagement or employment of, another person to join or become a member of an unlawful assembly. Section 158, by contrast, addressed the person who was engaged or hired, or offered or attempted to be hired or engaged.

Section 157 IPC dealt with knowingly harbouring, receiving or assembling persons hired or about to be hired for an unlawful assembly in premises within the accused's occupation, charge or control. Together, these provisions addressed different forms of participation in the hiring and support of persons connected with unlawful assemblies.

Practical Legal Effect

The offence under Section 158 depended on proof of the hiring or engagement nexus described in the provision. Participation in an assembly, by itself, was not the same statutory allegation as being hired or engaged, or offering or attempting to be hired or engaged, for the acts specified in Section 141. For the enhanced armed limb, the prosecution additionally had to establish the weapon-related circumstances stated in Section 158.

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 subject matter of Section 158 is substantially addressed in the unlawful-assembly provisions of Section 189 of the Bharatiya Nyaya Sanhita, 2023. For conduct governed by the earlier IPC, Section 158 and applicable savings provisions may remain relevant; for conduct governed by the new law, the BNS 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.