IPC 145 to BNS 189(3): Joining or continuing in unlawful assembly, knowing it has been commanded to disperse
Section 145 IPC (1860) replaced by Section 189(3) BNS (2023)
IPC 145 to BNS 189(3) at a Glance
Section 145 IPC (Joining or continuing in unlawful assembly, knowing it has been commanded to disperse) is now Section 189(3) 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 145 to BNS 189(3)?
Section 145 IPC is now Section 189(3) BNS, with the same words and the same punishment. It no longer has a heading of its own. It is one sub-section of Section 189 BNS, headed Unlawful assembly, which also carries the meaning of an unlawful assembly and the other offences of unlawful assembly.
IPC 145 vs BNS 189(3): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 145 | 189(3) |
| Offence | Joining or continuing in unlawful assembly, knowing it has been commanded to disperse | Same |
| Punishment | Imprisonment of either description for up to two years. | Same |
| Fine | The offender may be punished with fine alone or with both imprisonment and fine. | Same |
| Bail | Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Any Magistrate | Same |
IPC 145 and BNS 189(3): Bare Act Text Side by Side
Section 145, IPC 1860
Section 189(3), BNS 2023
Ingredients: IPC 145 vs BNS 189(3)
- There 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
- The unlawful assembly had been commanded in the manner prescribed by law to disperse
- The accused joined the unlawful assembly or continued in it
- The accused knew that the unlawful assembly had been so commanded
- 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
- A command, in the manner prescribed by law, that the unlawful assembly disperse
- Joining the unlawful assembly or continuing in it, knowing that it has been so commanded
What IPC 145 to BNS 189(3) Means for Pending Cases
FAQs: IPC 145 to BNS 189(3)
What changed when Section 145 IPC became Section 189(3) BNS?▼
Only the number and the place. Section 189(3) BNS repeats the words of Section 145 IPC, and the punishment is the same. The offence no longer has a section of its own. It is a sub-section of Section 189 BNS, which is headed Unlawful assembly.
Where does Section 145 IPC sit in the BNS?▼
In Section 189(3) BNS, in Chapter XI, Of Offences Against the Public Tranquillity.
Does Section 145 IPC or Section 189(3) BNS apply to an act done before 1 July 2024?▼
Section 145 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 145 IPC. Section 189(3) 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 ·