BNS Section 189: (1) Unlawful assembly
Equivalent Legacy Law: IPC Section 141
Procedural Classification Summary
Being member of an
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 6 months,unlawful assembly. or fine, or both
Joining or continuing in an
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 2 years,unlawful assembly, knowing or fine, or both. that it has been commanded to disperse
Joining an unlawful assembly
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 2 years,armed with any deadlyor fine, or both. weapon
Knowingly joining or
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 6 months,continuing in any assembly or fine, or both. of five or more persons after it has been commanded to disperse
Hiring, engaging orThe same as for a memberemploying persons to take of such assembly, and foroffence is bailableoffence is triable. part in an unlawful assembly.any offence committed byor non-bailable. any member of such assembly
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Court by which the offence is triable
Punishment: Hiring, engaging orThe same as for a member
Harbouring persons hired
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 6 months,for an unlawful assembly. or fine, or both
Being hired to take part in
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 6 months,an unlawful assembly oror fine, or both. riot
Or to go armed
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 2 years,or fine, or both
Official Legal Provision / Summary
First, second, third, fourth, fifth, have been replaced by (a),(b),( c), (d) and( e). 189 (2) Unlawful assembly- Being member of unlawful assembly. 142 Section is included as a sub-section in BNS sans heading. No other Changes. 189 (3) Unlawful assembly- Joining or continuing in unlawful assembly, knowing it has been commanded to disperse. 145 Ditto. 189 (4) Unlawful assembly- Joining unlawful assembly armed with deadly weapon.— 144 Ditto. 189 (5) Unlawful assembly- Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse.— 151 Ditto. 189 (6) Unlawful assembly- Hiring, or conniving at hiring, of persons to join unlawful assembly. 150 Ditto. 189 (7) Unlawful assembly- Harbouring persons hired for an unlawful assembly. 157 Ditto. 189 (8)/ (9) Unlawful assembly- Being hired to take part in an unlawful assembly or riot. Or to go armed. 158 IPC Section 158 both paragraphs, are reproduced in two different sub-sections (8) and (9) of 189 BNS sans heading.