BNS 193

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Introduction of Section BNS 193

BNS Section 193 of the Bharatiya Nyaya Sanhita focuses on the responsibility of landowners, occupiers, or individuals with an interest in land where an unlawful assembly or riot occurs. It outlines their duty to inform authorities and use all lawful means to prevent or suppress such incidents. Failure to do so may result in fines.

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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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BNS 193 in Simple Points

1. Liability for Unlawful Assembly or Riot on Land:
   • If a riot or unlawful assembly occurs on a landowner’s property or property occupied by someone, the owner or occupier is responsible. If they are aware or have reason to believe it might happen, they must report it to the nearest police station. Failure to do so can result in a fine of up to ₹1,000.
   • Example: If a landowner knows that a group is gathering unlawfully on their land and does not inform the police, they can be fined.
2. Responsibility to Use Lawful Means to Prevent Riot:
   • If the owner or occupier knows about a potential riot, they must use all legal methods to prevent it from happening. This could include warning people or calling authorities. Not taking action can result in a fine.
   • Example: A manager who knows a riot might break out must try to prevent it, or they can be fined.
3. Liability When Riot Benefits Landowner or Occupier:
   • If the riot occurs to benefit the landowner or someone with an interest in the land, they can be fined if they do not use lawful means to stop it. Even if the riot benefits them, they are required to prevent it.
   • Example: If a protest benefits the landowner and they don’t try to stop it, they can still be fined.
4. Fines for Failing to Report or Prevent Riot:
   • The owner or occupier who fails to report or prevent the riot can face a fine of up to ₹1,000. They must inform the police as soon as they are aware of the unlawful assembly or riot.
   • Example: If a land manager sees a riot starting but doesn’t act, they may face legal consequences.
5. Agent or Manager’s Responsibility:
   • If the riot occurs for the benefit of the land, the agent or manager is also responsible for trying to prevent it. They, too, can be fined if they do not use all lawful means to stop the assembly or riot.
   • Example: An agent overseeing land is responsible for ensuring no riot takes place and must report it to the police.

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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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Bharatiya Nyaya Sanhita Section 193

Section	Offence	Definition	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial Court
BNS 193(1)	Failure to report or prevent unlawful assembly or riot	Landowner, occupier, or agent not informing authorities or preventing riot	Fine up to ₹1,000	Bailable	Non-cognizable	Magistrate’s court
BNS 193(2)	Riot committed for the benefit of landowner	Riot occurs for the benefit of landowner who does not act to prevent it	Fine	Bailable	Non-cognizable	Magistrate’s court
BNS 193(3)	Agent or manager failing to prevent riot	Agent or manager not using all lawful means to prevent riot on behalf of landowner	Fine	Bailable	Non-cognizable	Magistrate’s court

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BNS Section 193 FAQs

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