Section 189 of the Bharatiya Nyaya Sanhita (BNS) defines unlawful assembly as an assembly of five or more persons with a common objective to commit a crime, disturb public peace, or use criminal force to achieve unlawful aims.
This section ensures that assemblies intending to disrupt peace or obstruct lawful authority are punished appropriately.
Definition of Unlawful Assembly:
An assembly is considered unlawful if its common objective is:
To intimidate the Central or State Government, Parliament, State Legislature, or public servants by use of criminal force.
To resist the execution of law or legal process.
To commit mischief, criminal trespass, or any other offense.
To take possession of property or deprive someone of their lawful rights by criminal force.
To compel a person to do or refrain from doing something they are legally entitled to.
Punishments:
Being a Member of an Unlawful Assembly: Imprisonment of up to six months, or fine, or both.
Remaining in an Unlawful Assembly After Being Ordered to Disperse: Imprisonment of up to two years, or fine, or both.
Joining an Unlawful Assembly Armed with a Deadly Weapon: Imprisonment of up to two years, or fine, or both.
Hiring or Promoting Others to Join an Unlawful Assembly: Punishable as a member of the assembly and liable for any offense committed by the assembly.
Harboring or Sheltering Members of an Unlawful Assembly: Imprisonment of up to six months, or fine, or both.
How It Protects:
This section prevents disturbances to public peace and ensures lawful conduct during gatherings.
It punishes individuals who instigate or support illegal assemblies and helps maintain public order and security.
Example:
If five or more people gather to forcibly occupy public property or obstruct government officials, they are guilty under this section.
Similarly, if a person hires or encourages others to participate in violent protests, they can also be prosecuted.
