IPC 143→BNS 189(2)

IPC 143 to BNS 189(2): Punishment

Section 143 IPC (1860) replaced by Section 189(2) BNS (2023)

View IPC Section 143 →View BNS Section 189(2) →

IPC 143 to BNS 189(2) at a Glance

Section 143 IPC (Punishment) is now Section 189(2) BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 143 to BNS 189(2)?

Section 143 IPC is now Section 189(2) BNS. The BNS joins the meaning of a member of an unlawful assembly, which was Section 142 IPC, to the punishment in one sub-section. The punishment follows straight after the meaning, with the person called such member. The punishment is the same.

IPC 143 vs BNS 189(2): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section143189(2)
OffencePunishmentSame
PunishmentImprisonment of either description for up to six months.Same
FineThe offender may be punished with fine alone or with both imprisonment and fine.Same
BailBailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByAny MagistrateSame

IPC 143 and BNS 189(2): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 143, IPC 1860

143. Punishment.—Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
BNS 2023 (in force)

Section 189(2), BNS 2023

(2) Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly and such member shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Ingredients: IPC 143 vs BNS 189(2)

Under IPC 143
  1. The accused was a member of an unlawful assembly
  2. The assembly was an unlawful assembly under Section 141 IPC, an assembly of five or more persons whose common object is one of those the section lists
  3. Under Section 142 IPC the accused, being aware of facts which render the assembly an unlawful assembly, intentionally joined it or continued in it
Under BNS 189(2)
  1. An unlawful assembly under Section 189(1) BNS, an assembly of five or more persons with one of the common objects the sub-section lists
  2. Awareness of facts which render the assembly an unlawful assembly
  3. Intentionally joining that assembly or continuing in it, so as to be a member of it

What IPC 143 to BNS 189(2) Means for Pending Cases

For Section 143 IPC (now Section 189(2) BNS): the punishment is unchanged. A charge for an act done after the BNS came into force cites Section 189(2) BNS, which also carries the meaning of a member that Section 142 IPC gave. One sub-section now answers both who is a member and how a member is punished.

FAQs: IPC 143 to BNS 189(2)

What changed when Section 143 IPC became Section 189(2) BNS?▼

The meaning of a member of an unlawful assembly, in Section 142 IPC, and the punishment, in Section 143 IPC, are now one sub-section, Section 189(2) BNS. It says that the person is said to be a member of an unlawful assembly and such member shall be punished. The punishment is the same.

Where does Section 143 IPC sit in the BNS?▼

In Section 189(2) BNS, in Chapter XI, Of Offences Against the Public Tranquillity.

Does Section 143 IPC or Section 189(2) BNS apply to an act done before 1 July 2024?▼

Section 143 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 143 IPC. Section 189(2) 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 ·