IPC 144→BNS 189(4)

IPC 144 to BNS 189(4): Joining unlawful assembly armed with deadly weapon

Section 144 IPC (1860) replaced by Section 189(4) BNS (2023)

View IPC Section 144 →View BNS Section 189(4) →

IPC 144 to BNS 189(4) at a Glance

Section 144 IPC (Joining unlawful assembly armed with deadly weapon) is now Section 189(4) 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 144 to BNS 189(4)?

Section 144 IPC is now Section 189(4) BNS, in the same words and with the same punishment. The BNS gives the provision no title of its own and places it as the fourth sub-section of Section 189 BNS, headed Unlawful assembly.

IPC 144 vs BNS 189(4): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section144189(4)
OffenceJoining unlawful assembly armed with deadly weaponSame
PunishmentImprisonment of either description for up to two years.Same
FineThe offender may be punished with fine alone or with both imprisonment and fine.Same
BailBailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByAny MagistrateSame

IPC 144 and BNS 189(4): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 144, IPC 1860

144. Joining unlawful assembly armed with deadly weapon.—Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
BNS 2023 (in force)

Section 189(4), BNS 2023

(4) Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Ingredients: IPC 144 vs BNS 189(4)

Under IPC 144
  1. 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
  2. The accused was a member of it under Section 142 IPC, being aware of facts which render the assembly an unlawful assembly and intentionally joining it or continuing in it
  3. The accused was armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death
Under BNS 189(4)
  1. An unlawful assembly under Section 189(1) BNS
  2. A member of that assembly, being aware of facts which render it an unlawful assembly and intentionally joining it or continuing in it
  3. The member was armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death
  4. Imprisonment of either description for up to two years, or fine, or both

What IPC 144 to BNS 189(4) Means for Pending Cases

For Section 144 IPC (now Section 189(4) BNS): the offence and the punishment are unchanged, so the charge for an act done after the BNS came into force cites Section 189(4) BNS and is framed exactly as before. The sub-section now sits beside the definition of a member and the other unlawful assembly provisions in Section 189 BNS.

FAQs: IPC 144 to BNS 189(4)

What changed when Section 144 IPC became Section 189(4) BNS?▼

Only the number and the place. Section 189(4) BNS repeats the words of Section 144 IPC, and the punishment is the same. It has no title of its own and is the fourth sub-section of Section 189 BNS, headed Unlawful assembly.

Where does Section 144 IPC sit in the BNS?▼

In Section 189(4) BNS, in Chapter XI, Of Offences Against the Public Tranquillity.

Does Section 144 IPC or Section 189(4) BNS apply to an act done before 1 July 2024?▼

Section 144 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 144 IPC. Section 189(4) 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 ·