BNS 193 : Liability of owner, occupier etc., of land on which an unlawful assembly or riot takes place.

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Introduction of Section BNS 193

BNS 193 of the Bharatiya Nyaya Sanhita deals with the liability of landowners, occupiers, agents, or individuals with an interest in land where an unlawful assembly or riot takes place. The law makes it clear that such persons have a duty to inform the authorities and take all lawful steps to prevent or suppress the riot. If they fail to act responsibly, they may face a fine of up to ₹1,000. This provision is intended to hold property stakeholders accountable, discourage negligence, and maintain public order.

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The Bharatiya Nyaya Sanhita (BNS) Section 193(1) replaces the old Indian Penal Code (IPC) Section 156.

The Bharatiya Nyaya Sanhita (BNS) Section 193(2) replaces the old Indian Penal Code (IPC) Section 154.

The Bharatiya Nyaya Sanhita (BNS) Section 193(3) replaces the old Indian Penal Code (IPC) Section 155.

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What is BNS Section 193 ?

BNS Section 193 imposes liability on the owner, occupier, or any person with an interest in land where an unlawful assembly or riot takes place. If they fail to report or prevent the unlawful gathering or riot, they can face a fine of up to ₹1,000. The law emphasizes that these individuals must use all legal means to prevent or suppress the riot.

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Under Section 193 of the bns act 2023

“If an unlawful assembly or riot takes place on any land, the owner, occupier, or person with an interest in such land, including their agent or manager, must inform the authorities and use all lawful means to prevent or suppress it. If they fail to do so, they are liable to pay a fine up to ₹1,000.”

1. Meaning of Liability of Landowner or Occupier

• The section imposes a legal duty on landowners, occupiers, and managers to stop unlawful assemblies or riots on their property.
• They must report immediately to the police if they know or suspect such gatherings.
• Staying silent or ignoring the situation makes them liable.

2. Who is Covered?

This section applies to:

• Landowners – person who legally owns the property.
• Occupiers – person who resides or has control over the property.
• Agents/Managers – caretakers, supervisors, or estate managers.
• Persons with interest in land – anyone who directly benefits from the land.

3. Nature of the Offence

• Non-cognizable → Police cannot act without a warrant.
• Bailable → Accused can apply for bail.
• Non-compoundable → Cannot be settled privately; trial must proceed in court.
• Triable by Magistrate → The case is heard by a Magistrate.

4. Examples of BNS Section 193

• Example 1 – Landowner Silent: A landowner knows that a violent protest is planned on his farmland but does not inform the police. The protest turns into a riot → He is fined under Section 193.
• Example 2 – Manager Negligence: A manager of a commercial plot is aware of a mob assembling to fight but ignores it. The mob riots → He is liable under Section 193.
• Example 3 – Not Guilty Case: If a landowner genuinely had no knowledge of the unlawful assembly and it happened suddenly without warning → He is not guilty under this section.

5. Punishment under BNS Section 193

• Fine → Up to ₹1,000.
• No imprisonment is prescribed; focus is on preventing negligence, not punishing like rioters.

6. Importance of BNS Section 193

• Promotes Accountability – Landowners cannot ignore riots on their land.
• Supports Law Enforcement – Helps police prevent riots at the earliest stage.
• Protects Government and Society – Prevents private property from becoming a hub for violence.
• Encourages Responsibility – Ensures those in charge of land use lawful means to stop disturbances.

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Section 193 BNS Overview

BNS Section 193 holds landowners, occupiers, or individuals with an interest in land accountable for not reporting or preventing unlawful assemblies or riots on their property. If they fail to notify the authorities or use lawful means to stop or disperse the assembly or riot, they can be fined up to ₹1,000. This law is non-cognizable, bailable, and triable by a magistrate.

BNS Section 193 in 10 Key Points

1. Responsibility of Landowners and Occupiers:
   • Under BNS Section 193, the owner or occupier of the land is held accountable if a riot or unlawful assembly takes place on their property. They are expected to take action if they have knowledge of the situation.
   • Explanation: This clause ensures that those in control of the land do not allow illegal gatherings to occur without taking responsibility. They must inform the authorities as soon as they become aware of any such event.
2. Duty to Inform Authorities:
   • If a landowner or occupier knows that an unlawful assembly or riot is likely to happen or is happening on their land, they must notify the police at the nearest station. Failure to do so may lead to legal penalties.
   • Explanation: By making it mandatory to inform authorities, the law aims to prevent such situations from escalating. Immediate reporting can help law enforcement control the situation before it becomes more serious.
3. Legal Obligation to Prevent Riots:
   • If the landowner or occupier has reason to believe a riot is about to occur, they must use all lawful means to stop it. This includes taking steps like warning people or calling for help from authorities.
   • Explanation: This clause emphasizes proactive measures. It’s not enough to just inform the authorities; landowners and occupiers are also required to take direct action in preventing the riot if possible.
4. Responsibility Extends to Agents and Managers:
   • If the landowner or occupier has agents or managers working on their behalf, those individuals are also responsible for preventing riots or unlawful assemblies. They must report to authorities and use lawful means to stop the riot.
   • Explanation: This clause extends the responsibility to those who manage the property. Even if the owner is not present, the agent or manager must act responsibly to prevent the situation from escalating.
5. Fines for Non-Compliance:
   • If the landowner, occupier, or their agents fail to inform the authorities or use lawful means to prevent or suppress the riot, they can be fined up to ₹1,000. The fine applies even if the riot benefits them.
   • Explanation: This penalty acts as a deterrent to negligence. It ensures that landowners and those in control of the property do not allow unlawful gatherings to go unchecked.
6. Preventing Riots That Benefit Landowners:
   • If a riot occurs for the benefit of the landowner, occupier, or person with an interest in the land, and they do not take steps to prevent it, they can be fined. They are expected to use all legal means to stop the riot.
   • Explanation: Even if the riot is to the advantage of the landowner, they are legally bound to prevent it. This ensures fairness and accountability, regardless of personal benefit.
7. Agent’s Liability for Preventing Riots:
   • If an agent or manager fails to take lawful steps to prevent or suppress a riot, they can be fined, especially if the riot benefits the owner or occupier of the land. They must act responsibly, even if the owner is not directly involved.
   • Explanation: The law holds agents accountable for taking action in case of a riot. They must act in the interest of public safety and prevent unlawful gatherings, regardless of any personal or professional benefit.
8. Applies to Both Land and Interest in Land:
   • The section applies not only to the physical land but also to individuals with an interest in the land. This means anyone who stands to gain from the land, including through disputes, is responsible for preventing riots or unlawful assemblies.
   • Explanation: This broadens the scope of responsibility to ensure that even indirect beneficiaries of the land take responsibility for preventing unlawful activities.
9. Legal Protection for Early Reporting:
   • If the landowner, occupier, or agent takes early action by reporting the riot to the authorities or preventing it, they are not held liable. The law encourages proactive steps to avoid punishment.
   • Explanation: This clause protects those who act quickly and responsibly. It incentivizes immediate reporting and lawful action to prevent further escalation of the situation.
10. Non-Cognizable and Bailable Offence:

• Offences under BNS Section 193 are non-cognizable and bailable, meaning that the police cannot arrest without a warrant, and those charged can be released on bail.
• Explanation: This reflects the nature of the offence as one primarily related to negligence or failure to act, rather than direct involvement in a violent or unlawful act.

BNS Section 193: 2 Examples

1. Example 1:
   • A landowner in a village becomes aware that a group of people is planning to hold an unlawful assembly on their property to protest a local issue. Instead of informing the police or taking steps to stop it, the landowner ignores the situation. As the protest turns into a riot, property is damaged. Since the landowner did not inform the authorities or use lawful means to prevent the riot, they can be fined up to ₹1,000 under BNS Section 193.
2. Example 2:
   • An agent managing a large plot of land is informed that a violent dispute is likely to occur between two groups over the ownership of the land. Instead of taking preventive measures or informing the authorities, the agent allows the assembly to happen, which later escalates into a riot. Under BNS Section 193, the agent can be fined for not taking lawful steps to prevent the riot.

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BNS 193 Punishment

1. Imprisonment:
   • Although BNS Section 193 primarily prescribes a fine, there is an emphasis on using all lawful means to prevent riots or unlawful assemblies. However, the focus remains on fines rather than imprisonment.
2. Fine:
   • A fine of up to ₹1,000 can be imposed on landowners, occupiers, or agents who fail to report or prevent the riot or unlawful assembly. The fine applies even if the riot benefits the landowner or occupier.

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BNS 193 bailable or not ?

BNS Section 193 is bailable. This means that the individuals charged under this section can apply for bail, and their release from custody can be granted based on legal procedures.

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Comparison Table – BNS Section 193 vs IPC Sections 154, 155 & 156

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BNS Section 193 FAQs

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Conclusion

BNS Section 193 ensures that those who own, occupy, or manage land cannot turn a blind eye to riots or unlawful assemblies happening on their property. By mandating them to report and act responsibly, this law helps in early prevention of public disorder and protects government authority. While the penalty under this section is limited to a fine, it emphasizes civic duty and accountability, making it a preventive provision rather than purely punitive. Compared with IPC Sections 154, 155, and 156, BNS 193 consolidates and strengthens the role of property stakeholders in maintaining law and order.

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Finished with BNS 193 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

• BNS 194 : Affray.
• https://marriagesolution.in/bns_section/bns-194/
• BNS 195 : Assaulting or obstructing public servant when suppressing riot, etc.
• https://marriagesolution.in/bns_section/bns-195/
• 196 BNS : Spreading hate or conflict between groups based on religion, race, birthplace, residence, language, or other differences, and doing things that harm peace and unity .
• https://marriagesolution.in/bns_section/196-bns/
• BNS 197 : Imputations, assertions prejudicial to national integration.
• https://marriagesolution.in/bns_section/bns-197/

Chapter XII – Of Offences By Or Relating To Public Servants

• BNS 198 : Public servant disobeying law, with intent to cause injury to any person.
• https://marriagesolution.in/bns_section/bns-198/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

Full BNSS Section List: https://marriagesolution.in/bnss_section-list

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