IPC 158→BNS 189(8) and 189(9)

IPC 158 to BNS 189(8) and 189(9): Being hired to take part in an unlawful assembly or riot

Section 158 IPC (1860) replaced by Section 189(8) and 189(9) BNS (2023)

View IPC Section 158 →View BNS Section 189(8) and 189(9) →

IPC 158 to BNS 189(8) and 189(9) at a Glance

Section 158 IPC (Being hired to take part in an unlawful assembly or riot) is now Section 189(8) and 189(9) 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 158 to BNS 189(8) and 189(9)?

Section 158 IPC is now Section 189(8) BNS and Section 189(9) BNS. The BNS carries the two paragraphs of the section as two sub-sections of Section 189 BNS, which is headed Unlawful assembly, and neither has a heading of its own. Section 189(8) BNS refers to the acts specified in Section 189(1) BNS where the IPC refers to Section 141 IPC. Section 189(9) BNS says being so engaged or hired as referred to in Section 189(8) BNS where the IPC says as aforesaid. The closing words of the first paragraph, or to go armed, are not carried over. Both punishments are unchanged.

IPC 158 vs BNS 189(8) and 189(9): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section158189(8) and 189(9)
OffenceBeing hired to take part in an unlawful assembly or riotSame
PunishmentImprisonment of either description for up to six months. Imprisonment of either description for up to two years where the person so engaged or hired goes armed, or engages or offers to go armed, with a deadly weapon or with anything likely to cause death if used as a weapon of offence.Same
FineOn either limb the offender may be punished with fine alone or with both imprisonment and fine.Same
BailBailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByAny MagistrateSame

IPC 158 and BNS 189(8) and 189(9): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 158, IPC 1860

158. Being hired to take part in an unlawful assembly or riot.—Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both, or to go armed.—and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, 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(8) and 189(9), BNS 2023

(8) Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (9) Whoever, being so engaged or hired as referred to in sub-section (8), goes armed, or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, 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 158 vs BNS 189(8) and 189(9)

Under IPC 158
  1. The accused was engaged or hired, or offered or attempted to be hired or engaged
  2. The engagement or hiring was to do or assist in doing any of the acts specified in Section 141 IPC
  3. For the two year punishment, the person so engaged or hired went armed, or engaged or offered to go armed
  4. The weapon was a deadly weapon, or anything which used as a weapon of offence is likely to cause death
Under BNS 189(8) and 189(9)
  1. Being engaged or hired, or offering or attempting to be hired or engaged, to do or assist in doing any of the acts specified in Section 189(1) BNS
  2. Punishment under Section 189(8) BNS of imprisonment of either description for up to six months, or fine, or both
  3. Going armed, or engaging or offering to go armed, with a deadly weapon or with anything likely to cause death if used as a weapon of offence, by a person so engaged or hired as Section 189(8) BNS describes
  4. Punishment under Section 189(9) BNS of imprisonment of either description for up to two years, or fine, or both

What IPC 158 to BNS 189(8) and 189(9) Means for Pending Cases

For Section 158 IPC (now Section 189(8) and 189(9) BNS): both punishments are unchanged. A charge for an act done after the BNS came into force cites Section 189(8) BNS for being engaged or hired and Section 189(9) BNS for going armed, and the acts specified are those in Section 189(1) BNS.

FAQs: IPC 158 to BNS 189(8) and 189(9)

What changed when Section 158 IPC became Sections 189(8) and 189(9) BNS?▼

The form, not the punishment. Section 189(8) BNS and Section 189(9) BNS carry the two paragraphs of Section 158 IPC as separate sub-sections with no heading of their own. They refer to Section 189(1) BNS instead of Section 141 IPC, and the closing words of the first paragraph, or to go armed, are not carried over. Both punishments are the same.

Where does Section 158 IPC sit in the BNS?▼

In Section 189(8) BNS and Section 189(9) BNS, sub-sections of Section 189 BNS headed Unlawful assembly, in Chapter XI, Of Offences Against the Public Tranquillity.

Does Section 158 IPC or Sections 189(8) and 189(9) BNS apply to an act done before 1 July 2024?▼

Section 158 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 158 IPC. Sections 189(8) and 189(9) 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 ·