189 BNS : Unlawful assembly.

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Introduction of Section BNS 189

189 BNS, defines and penalizes unlawful assemblies. According to this section, any gathering of five or more people with a common illegal objective—such as resisting lawful authority, committing offences, or using criminal force—constitutes an unlawful assembly. Even if a lawful gathering later changes its purpose to an illegal one, it becomes unlawful. The law prescribes punishments ranging from fines to imprisonment (six months to two years), depending on the seriousness of the actions. By addressing such group activities, BNS 189 seeks to maintain peace, protect public order, and ensure the smooth enforcement of law.

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The Bharatiya Nyaya Sanhita (BNS) Section 189 replaces the old Indian Penal Code (IPC) Section 141.

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What is BNS Section 189 ?

BNS Section 189 defines an unlawful assembly as a group of five or more people who come together with a common illegal objective, like resisting the law, causing public harm, or compelling others to act illegally. It also lays out the various punishments for those who are part of such an assembly, depending on the degree of their involvement and actions.

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Under Section 189 of the bns act 2023

“When five or more persons assemble with a common object that is unlawful—such as resisting authority, committing offences, or using criminal force—they form an unlawful assembly. Any person who knowingly joins or continues in such an assembly is guilty of the offence and is punishable under this section.”

1. Meaning of “Unlawful Assembly”

• An assembly means a group of people gathered together.
• If five or more people come together with an illegal purpose, it becomes unlawful.
• Illegal purposes include:
  • Resisting the government or public servants.
  • Using criminal force to grab property.
  • Committing mischief, trespass, or other offences.
  • Forcing someone to do something illegal or stopping them from doing something legal.

Even if a meeting starts as legal, it becomes unlawful once the group’s objective turns illegal.

2. Who is Covered?

This section applies to:

• Any person who joins an unlawful assembly knowingly.
• Any person who remains in the assembly after realizing it is unlawful.
• People who hire, encourage, or engage others to take part.
• Persons who are hired to join such gatherings.
• Those who harbour or shelter hired members.

3. Nature of the Offence

• Cognizable → Police can arrest without a warrant.
• Bailable → The accused can apply for bail in most cases.
• Non-compoundable → The offence cannot be settled privately; it must go to court.
• Triable by Magistrate → Heard by any Magistrate of the first class.

4. Examples of BNS Section 189

Example 1 – Peaceful Protest Turning Violent
A group of 50 people gathers for a protest. Initially lawful, the crowd later starts throwing stones at police to stop them from enforcing the law. The gathering becomes an unlawful assembly.

Example 2 – Blocking Factory Workers
Five men armed with sticks stop workers from entering a factory, intending to take control of the premises. This is an unlawful assembly under BNS 189.

Example 3 – Hiring Members
A businessman pays a group to intimidate his competitor by forming a mob. Both the mob members and the businessman are guilty.

Example 4 (Not Guilty Case)
A person unknowingly joins a group thinking it’s a religious procession. On realizing it has turned violent, if he immediately leaves, he is not guilty.

5. Punishment under BNS Section 189

• Being a member → Up to 6 months imprisonment, or fine, or both.
• Refusing to disperse after order → Up to 2 years imprisonment, or fine, or both.
• Being armed with deadly weapon → Up to 2 years imprisonment, or fine, or both.
• Hiring or engaging others → Punished the same as members + liability for offences committed.
• Harbouring hired persons → Up to 6 months imprisonment, or fine, or both.

6. Importance of BNS Section 189

• Maintains Public Order → Prevents mobs from disturbing peace.
• Protects Lawful Authority → Ensures police and government can enforce the law without resistance.
• Discourages Violence → Criminalizes use of force in gatherings.
• Stops Organizers Too → Punishes not just mob members, but also those who hire or support them.
• Balances Justice → Punishment is graded (lighter for members, stricter for armed or hired groups).

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Section 189 BNS Overview

BNS Section 189 defines an unlawful assembly as a gathering of five or more people with a shared criminal purpose. This section lays out the criteria for what makes an assembly unlawful, the consequences for being part of it, and the penalties for specific related actions like being armed or hiring others to join.

BNS Section 189 :10 Key Points

1. Definition of Unlawful Assembly: BNS Section 189 defines an “unlawful assembly” as a group of five or more people whose common purpose involves criminal actions. These criminal objectives may include intimidating the government, resisting legal processes, or committing offences such as mischief, trespassing, or using criminal force.
2. Key Conditions of an Unlawful Assembly: There are five primary actions that make an assembly unlawful. These include:
   • Using or showing criminal force to intimidate the government or any public servant.
   • Resisting the enforcement of laws.
   • Committing criminal trespass or other offences.
   • Taking possession of someone’s property using force.
   • Forcing someone to do something illegal or preventing them from doing something legal using force.
3. Transforming Into an Unlawful Assembly: An assembly that starts as a lawful gathering can become unlawful if the group’s intent changes to any of the purposes listed above. For instance, a peaceful protest can become unlawful if the protestors start using criminal force.
4. Punishment for Being a Member of an Unlawful Assembly: A person who is aware that a gathering has become an unlawful assembly and still participates will be considered a member of that assembly. Such a member can be punished with up to six months of imprisonment, a fine, or both.
5. Punishment for Refusing to Disperse: If the unlawful assembly has been commanded to disperse by lawful authorities and a person continues to remain part of it, they can face up to two years of imprisonment, a fine, or both.
6. Possessing a Deadly Weapon in an Unlawful Assembly: If a person is armed with a deadly weapon or something that can cause serious harm while being part of an unlawful assembly, they can be punished with up to two years of imprisonment, a fine, or both.
7. Hiring People to Join an Unlawful Assembly: Hiring, engaging, or promoting individuals to take part in an unlawful assembly is a serious offence. The person responsible will be punished in the same manner as the members of the assembly, and for any crimes that the group commits during that assembly.
8. Harbouring Individuals Involved in an Unlawful Assembly: If someone knowingly harbours or shelters people who have been hired or engaged to join an unlawful assembly, they can be punished with up to six months of imprisonment, a fine, or both.
9. Being Hired to Join an Unlawful Assembly: If a person is hired to join an unlawful assembly or a riot, they can face punishment of up to six months of imprisonment, a fine, or both.
10. Consequences of Going Armed to an Unlawful Assembly: A person who joins an unlawful assembly with deadly weapons can be imprisoned for up to two years, fined, or both. This provision targets those who participate with the intent to cause serious harm.

Examples of BNS Section 189:

1. Example 1: A group of 10 people gathers to protest outside a government office. Initially, the protest is peaceful, but some members start throwing stones at police officers and using criminal force to stop them from doing their duty. The assembly becomes unlawful, and those involved can be punished under BNS Section 189.
2. Example 2: Five individuals armed with sticks assemble near a factory to prevent workers from entering, using criminal force. The group’s purpose is to take control of the factory premises. This is an unlawful assembly, and those involved can face up to two years of imprisonment if charged under Section 189(4).

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BNS 189 Punishment

1. Imprisonment:
   • The term of imprisonment can range from six months to two years, depending on the specific offense within the unlawful assembly.
2. Fine:
   • Along with imprisonment, the offender may also be liable to pay a fine. The amount depends on the severity of the crime and the circumstances involved.

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BNS 189 bailable or not ?

Yes, offenses under BNS Section 189 are generally bailable, meaning that the accused can apply for bail. However, the discretion lies with the court, depending on the severity of the actions of the accused.

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Bharatiya Nyaya Sanhita Section 189

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Comparison Table: BNS Section 189 vs IPC Section 141

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BNS Section 189 FAQs

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Conclusion

BNS Section 189 plays a vital role in preserving public order and tranquillity by criminalizing gatherings that pursue unlawful objectives. Whether it is resisting lawful authority, using force, or hiring others to disrupt peace, all participants are held accountable. While the provision mirrors IPC Section 141, its updated drafting under BNS 2023 ensures greater clarity and relevance to modern-day situations. By punishing unlawful assemblies, the law not only prevents violence but also safeguards the rule of law and community safety.

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