Section 189: Unlawful assembly

Q: What does Section 189 of Bharatiya Nyaya Sanhita (BNS), 2023 (BNS) deal with?

Section 189 BNS pertains to "Unlawful assembly". It is part of the Bharatiya Nyaya Sanhita (BNS), 2023, a legislation enacted by the Parliament of India. Section 189 of the Bharatiya Nyaya Sanhita (BNS), 2023 (BNS) governs unlawful assembly.

Q: Is Section 189 BNS still in force?

Yes, Section 189 of the Bharatiya Nyaya Sanhita (BNS), 2023 is currently in force across the Republic of India.

Q: What is धारा 189 BNS?

धारा 189 BNS is the Devanagari Hindi reference for Section 189 of the Bharatiya Nyaya Sanhita (BNS), 2023. Section 189 of the Bharatiya Nyaya Sanhita (BNS), 2023 (BNS) governs unlawful assembly.

Q: What is Dhara 189 BNS?

Dhara 189 BNS is the Roman Hindi reference for Section 189 of the Bharatiya Nyaya Sanhita (BNS), 2023. "Dhara" means "Section" in Hindi. Section 189 of the Bharatiya Nyaya Sanhita (BNS), 2023 (BNS) governs unlawful assembly.

Q: How to cite Section 189 of Bharatiya Nyaya Sanhita (BNS), 2023?

Cite as: "Section 189, Bharatiya Nyaya Sanhita (BNS), 2023 (BNS)" in legal briefs. For academic writing, use the BlueBook format: Bharatiya Nyaya Sanhita (BNS), 2023, 2023, § 189 (India).

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Table of Contents

Bharatiya Nyaya Sanhita (BNS), 2023

Chapter X — IOf Offences against Public Tranquillity

Section 189

Unlawful assembly

An assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is—

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
to resist the execution of any law, or of any legal process; or
to commit any mischief or criminal trespass, or other offence; or
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
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.

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 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 six months, or with fine, or with both.

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 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.

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