IPC 141→BNS 189(1)

IPC 141 to BNS 189(1): Unlawful assembly

Section 141 IPC (1860) replaced by Section 189(1) BNS (2023)

View IPC Section 141 →View BNS Section 189(1) →

IPC 141 to BNS 189(1) at a Glance

Section 141 IPC (Unlawful assembly) is now Section 189(1) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 141 to BNS 189(1)?

Section 141 IPC is now Section 189(1) BNS, in the same words but for two points. The five objects, called First to Fifth in the IPC, are now lettered a to e, and the first object names the Central Government in full where the IPC says only the Central. The Explanation is unchanged. Section 189 BNS also carries, in its later sub-sections, the offences that follow this definition in the IPC.

IPC 141 vs BNS 189(1): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section141189(1)
OffenceUnlawful assemblySame
PunishmentNone. Section 141 IPC creates no offence. Being a member of an unlawful assembly is punished under Section 143 IPC.None. Section 189(1) BNS creates no offence of its own. Being a member of an unlawful assembly is punished under Section 189(2) BNS.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 141 and BNS 189(1): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 141, IPC 1860

141. 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— First.—To overawe by criminal force, or show of criminal force, the Central 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 Second.—To resist the execution of any law, or of any legal process; or Third.—To commit any mischief or criminal trespass, or other offence; or Fourth.—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 Fifth.—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.
BNS 2023 (in force)

Section 189(1), BNS 2023

(1) An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is— (a) 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 (b) to resist the execution of any law, or of any legal process; or (c) to commit any mischief or criminal trespass, or other offence; or (d) 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 (e) 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.

Ingredients: IPC 141 vs BNS 189(1)

Under IPC 141
  1. An assembly of five or more persons
  2. A common object shared by the persons composing the assembly
  3. That common object is one of the five the section lists: to overawe by criminal force or show of criminal force, to resist the execution of any law or legal process, to commit any mischief, criminal trespass or other offence, to take or obtain possession of property or deprive a person of a right by criminal force or show of it, or to compel a person by criminal force or show of it to do or omit to do an act
Under BNS 189(1)
  1. An assembly of five or more persons
  2. A common object of the persons composing the assembly, which is one of the five objects lettered a to e

What IPC 141 to BNS 189(1) Means for Pending Cases

For Section 141 IPC (now Section 189(1) BNS): charges of being a member of an unlawful assembly now cite Section 189(2) BNS, and the definition it rests on is Section 189(1) BNS. The test is unchanged, five or more persons with one of the five listed common objects, so only the citation, the lettering of the objects and the naming of the Central Government in full differ.

FAQs: IPC 141 to BNS 189(1)

What changed when Section 141 IPC became Section 189(1) BNS?▼

The five objects are lettered a to e in place of First to Fifth, and the first object names the Central Government in full where Section 141 IPC says the Central. The Explanation is unchanged.

Where does Section 141 IPC sit in the BNS?▼

In Section 189(1) BNS, in Chapter XI, Of Offences Against the Public Tranquillity. Sub-sections 2 to 9 of Section 189 BNS carry the offences that follow the definition.

Does Section 141 IPC or Section 189(1) BNS apply to an act done before 1 July 2024?▼

Section 141 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 141 IPC. Section 189(1) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·