- 13-Jan-2025
- Criminal Law
An assembly of five or more persons is designated an unlawful assembly if the common object of the persons composing that assembly is to: (a) 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 (b) resist the execution of any law, or of any legal process; or (c) commit any mischief or criminal trespass, or other offence; or (d) by means of criminal force, or show of criminal force, to any person, take or obtain possession of any property, or 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 enforce any right or supposed right; or (e) by means of criminal force, or show of criminal force, 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 that was not unlawful when it assembled may subsequently become an unlawful assembly.
BNS Section 189 defines an unlawful assembly and outlines various scenarios in which an assembly of five or more persons becomes unlawful. This includes attempts to overawe the government, resist legal processes, commit offences, or enforce rights through criminal force. The section also stipulates penalties for various actions related to unlawful assemblies.
A1: An assembly of five or more persons is considered unlawful if its common object includes overawing the government, resisting legal processes, committing offences, or enforcing rights through criminal force.
A2: Penalties include imprisonment for up to six months or a fine, or both. For joining an unlawful assembly that has been lawfully commanded to disperse, the imprisonment term can extend to two years.
A3: Participants who are armed with a deadly weapon or something likely to cause death while being part of an unlawful assembly can be punished with imprisonment for up to two years and a fine.
A4: Individuals who hire, engage, or employ others to join an unlawful assembly face the same penalties as members of the assembly. They are also liable for any offences committed by those they hired.
Example Scenario:
If a group of individuals assembles with the intent to disrupt the functioning of the local government through threats and intimidation, the assembly is deemed unlawful under BNS Section 189. If they resist a lawful order to disperse and are armed, each participant could face significant penalties, including imprisonment and fines.
BNS Section 189 outlines what constitutes an unlawful assembly and provides penalties for various actions related to such assemblies. This includes penalties for joining, continuing in, or facilitating unlawful assemblies, especially when armed or engaged in illegal activities.
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