Sentencing Guide

BNS Section 189 Punishment Jail Term, Fines & Sentencing Guidelines

BNS Section 189: (1) Unlawful assembly (Legacy IPC Section 141)

Statutory Classification Details

Being member of an

  • Bailable Status: Bailable (Bail is a legal right — granted at police station)
  • Cognizable Status: Cognizable (Police can arrest without warrant)
  • Triable Court: Any Magistrate
  • Official Punishment: Imprisonment for 6 months,unlawful assembly. or fine, or both

Joining or continuing in an

  • Bailable Status: Bailable (Bail is a legal right — granted at police station)
  • Cognizable Status: Cognizable (Police can arrest without warrant)
  • Triable Court: Any Magistrate
  • Official Punishment: Imprisonment for 2 years,unlawful assembly, knowing or fine, or both. that it has been commanded to disperse

Joining an unlawful assembly

  • Bailable Status: Bailable (Bail is a legal right — granted at police station)
  • Cognizable Status: Cognizable (Police can arrest without warrant)
  • Triable Court: Any Magistrate
  • Official Punishment: Imprisonment for 2 years,armed with any deadlyor fine, or both. weapon

Knowingly joining or

  • Bailable Status: Bailable (Bail is a legal right — granted at police station)
  • Cognizable Status: Cognizable (Police can arrest without warrant)
  • Triable Court: Any Magistrate
  • Official 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 or employing persons to take part in an unlawful assembly

  • Bailable Status: According as the offence is bailable or non-bailable
  • Cognizable Status: Cognizable (Police can arrest without warrant)
  • Triable Court: Court by which the offence is triable
  • Official Punishment: The same as for a member of such assembly, and for any offence committed by any member of such assembly

Harbouring persons hired

  • Bailable Status: Bailable (Bail is a legal right — granted at police station)
  • Cognizable Status: Cognizable (Police can arrest without warrant)
  • Triable Court: Any Magistrate
  • Official Punishment: Imprisonment for 6 months,for an unlawful assembly. or fine, or both

Being hired to take part in

  • Bailable Status: Bailable (Bail is a legal right — granted at police station)
  • Cognizable Status: Cognizable (Police can arrest without warrant)
  • Triable Court: Any Magistrate
  • Official Punishment: Imprisonment for 6 months,an unlawful assembly oror fine, or both. riot

Or to go armed

  • Bailable Status: Bailable (Bail is a legal right — granted at police station)
  • Cognizable Status: Cognizable (Police can arrest without warrant)
  • Triable Court: Any Magistrate
  • Official Punishment: Imprisonment for 2 years,or fine, or both