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Introduction of Section BNS 189

BNS Section 189 deals with the concept of “unlawful assembly” and its associated penalties. An unlawful assembly is when five or more people gather with the intention of committing certain illegal acts, like resisting the government or engaging in violence. This section also outlines various punishments for being part of such an assembly, depending on the nature of the actions taken by the members. The law aims to maintain public order and peace by prohibiting gatherings that can disrupt the legal system or pose a threat to public safety.


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



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.


BNS Section 2189 - Unlawful Assembly Definition and Punishment
189,BNS which defines unlawful assembly and the related punishments for involvement.

BNS 189 in Simple Points

  1. Definition of Unlawful Assembly:
    • An assembly of five or more persons becomes unlawful if their common objective is to use criminal force, commit a crime, or resist legal authority. Even if the assembly started legally, it can later turn unlawful based on the group’s actions.
  2. Being a Member of an Unlawful Assembly:
    • If a person knowingly joins or remains part of an unlawful assembly, they are committing an offense. Even if the person didn’t initially know it was unlawful, staying in the assembly after realizing its illegal nature makes them guilty.
  3. Commands to Disperse:
    • If the government or law enforcement orders the unlawful assembly to disperse, continuing to stay in the group becomes an additional crime. The punishment for this is more severe, particularly if the assembly involves criminal force.
  4. Use of Weapons:
    • If a member of the unlawful assembly is armed with deadly weapons or something that could cause death, the penalties are stricter. The law sees the presence of weapons as an escalation of the threat posed by the group.
  5. Hiring or Engaging Members:
    • Anyone who hires, engages, or encourages others to join an unlawful assembly is as guilty as the members of the group. The law punishes these individuals the same as the participants in the unlawful assembly

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).

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.

BNS 189 Punishment - Imprisonment and Fine
189 BNS Punishment including imprisonment from six months to two years and a fine.

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.


Bharatiya Nyaya Sanhita Section 189

ClauseOffense DescriptionImprisonmentFineCognizableBailableTriable by
189(2)Being a member of an unlawful assemblyUp to 6 monthsYesCognizableBailableAny Magistrate
189(3)Joining or continuing in an unlawful assembly after being commanded to disperseUp to 2 yearsYesCognizableBailableAny Magistrate
189(4)Joining an unlawful assembly armed with any deadly weaponUp to 2 yearsYesCognizableBailableAny Magistrate
189(5)Knowingly joining an assembly of five or more after being commanded to disperseUp to 6 monthsYesCognizableBailableAny Magistrate
189(6)Hiring, engaging, or employing persons to take part in an unlawful assemblySame as for a member of the assemblyYes/NoDepending on offenseThe Court by which the offence is triable
189(7)Harbouring persons hired for an unlawful assemblyUp to 6 monthsYesCognizableBailableAny Magistrate
189(8)Being hired to take part in an unlawful assembly or riotUp to 6 monthsYesCognizableBailableAny Magistrate
189(9)Being armed while taking part in an unlawful assemblyUp to 2 yearsYesCognizableBailableAny Magistrate
Bharatiya Nyaya Sanhita Section 189

BNS Section 189 FAQs

What is an unlawful assembly under Section 189?

Can a lawful assembly become unlawful?

What is the punishment for being part of an unlawful assembly?

The punishment can range from six months to two years of imprisonment, along with a fine, depending on the severity of the crime.

Is Section 189 bailable?

What happens if someone is armed in an unlawful assembly?

What if someone hires others to join an unlawful assembly?


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