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Section 189 BNS: Unlawful Assembly

Section 189 of the Bharatiya Nyaya Sanhita, 2023 defines an unlawful assembly and creates separate offences relating to membership, refusal to disperse, carrying deadly weapons, hiring persons for an unlawful assembly, harbouring such persons and being hired to participate. It is the opening provision of Chapter XI, dealing with offences against public tranquillity.

Minimum sizeFive or more persons
Core requirementA common object falling within Section 189(1)(a) to (e)
Procedural natureSub-sections (2) to (9) are cognizable
BailGenerally bailable, subject to the linked offence under sub-section (6)

Bare Act Text of Section 189 BNS

189. (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.

(7) Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or 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.

Definition of Unlawful Assembly and Common Object

An assembly must consist of at least five persons before Section 189(1) can apply. Mere gathering of five or more persons is not enough. The persons composing the assembly must share a common object falling within at least one of the five statutory categories in clauses (a) to (e).

Those objects include overawing Government, a legislature or a public servant by criminal force; resisting execution of law or legal process; committing mischief, criminal trespass or another offence; using criminal force to obtain property or enforce a right; and compelling a person by criminal force to act, or refrain from acting, contrary to his or her legal entitlement.

The Explanation makes clear that an assembly may begin lawfully and later become unlawful if its common object changes so as to fall within Section 189(1).

Membership Under Section 189(2)

A person becomes a member of an unlawful assembly for the purpose of sub-section (2) when, being aware of the facts that make the assembly unlawful, the person intentionally joins it or intentionally continues in it. Awareness of the relevant facts and intentional participation are therefore express statutory requirements.

Command to Disperse: Sections 189(3) and 189(5)

Section 189(3) applies where a person joins or continues in an unlawful assembly knowing that it has been commanded, in the manner prescribed by law, to disperse. The maximum punishment is two years, or fine, or both.

Section 189(5) is wider in one respect: it concerns an assembly of five or more persons likely to disturb public peace after a lawful command to disperse, even if the assembly does not independently satisfy Section 189(1). If it is an unlawful assembly within Section 189(1), the Explanation directs punishment under sub-section (3).

Under Section 148 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an Executive Magistrate, the officer in charge of a police station, or in that officer's absence a police officer not below the rank of sub-inspector, may command an unlawful assembly or an assembly of five or more persons likely to disturb public peace to disperse.

Armed Membership Under Section 189(4)

Sub-section (4) provides a higher punishment where a member of an unlawful assembly is armed with a deadly weapon or with anything which, if used as a weapon of offence, is likely to cause death. The punishment may extend to two years, or fine, or both.

Hiring, Harbouring and Being Hired

Sub-section (6) imposes derivative liability on a person who hires, engages, employs, promotes or connives at hiring another person to join an unlawful assembly. Such a person is punishable as a member and may also be punished for an offence committed by the hired person in pursuance of that hiring or engagement.

Sub-section (7) covers harbouring, receiving or assembling persons known to have been hired, or about to be hired, for an unlawful assembly. Sub-section (8) punishes the person who is hired, offers to be hired, or attempts to be hired to carry out or assist in the acts specified in sub-section (1). Sub-section (9) increases the punishment where such a hired person goes armed or offers to go armed with a deadly weapon or equivalent dangerous object.

Punishment, Cognizability, Bail and Trial Court

Section 189 does not prescribe one uniform punishment for all conduct. The BNSS First Schedule separately classifies the offences created by sub-sections (2) to (9).

Sub-section Offence Punishment Cognizability Bail Trial court
189(2) Being a member of an unlawful assembly Up to 6 months, or fine, or both Cognizable Bailable Any Magistrate
189(3) Joining or continuing after command to disperse Up to 2 years, or fine, or both Cognizable Bailable Any Magistrate
189(4) Being armed with a deadly weapon as a member Up to 2 years, or fine, or both Cognizable Bailable Any Magistrate
189(5) Joining or continuing in assembly of five or more after command to disperse Up to 6 months, or fine, or both Cognizable Bailable Any Magistrate
189(6) Hiring, engaging or employing persons for an unlawful assembly Same as membership and any offence committed in pursuance of the hiring Cognizable According to the linked offence Court competent to try the linked offence
189(7) Harbouring persons hired for unlawful assembly Up to 6 months, or fine, or both Cognizable Bailable Any Magistrate
189(8) Being hired to take part in unlawful assembly or riot Up to 6 months, or fine, or both Cognizable Bailable Any Magistrate
189(9) Being hired and going or offering to go armed Up to 2 years, or fine, or both Cognizable Bailable Any Magistrate

Corresponding Provisions Under the Indian Penal Code

Section 189 BNS consolidates several provisions that were separately located in the Indian Penal Code, 1860. The principal correspondence is as follows:

  • Section 189(1): IPC Section 141 - Unlawful assembly.
  • Section 189(2): IPC Section 143 - Punishment for membership.
  • Section 189(3): IPC Section 145 - Joining or continuing after command to disperse.
  • Section 189(4): IPC Section 144 - Joining unlawful assembly armed with deadly weapon.
  • Section 189(5): IPC Section 151 - Knowingly joining or continuing in assembly after command to disperse.
  • Section 189(6): IPC Section 150 - Hiring or conniving at hiring persons to join unlawful assembly.
  • Section 189(7): IPC Section 157 - Harbouring persons hired for unlawful assembly.
  • Sections 189(8) and 189(9): IPC Section 158 - Being hired to take part in unlawful assembly or riot, including going armed.

Frequently Asked Questions

Does every gathering of five or more persons become an unlawful assembly?

No. Five or more persons are required, but the assembly must also share a common object falling within one of the categories in Section 189(1)(a) to (e).

Can a lawful gathering later become an unlawful assembly?

Yes. The Explanation to Section 189(1) expressly states that an assembly which was not unlawful when it assembled may subsequently become an unlawful assembly.

Is membership of an unlawful assembly bailable?

The offence under Section 189(2) is cognizable and bailable and is triable by any Magistrate. Other sub-sections have their own classification, with sub-section (6) depending on the offence for which derivative liability arises.

What happens if an unlawful assembly has been ordered to disperse?

A person who knowingly joins or continues in the unlawful assembly after a lawful command to disperse may be punished under Section 189(3) with imprisonment up to two years, or fine, or both.

Legal information note: This page provides general statutory information. Application of Section 189 to a particular case depends on the alleged common object, individual knowledge and participation, evidence, date of occurrence and other applicable laws.