Section 189 BNS: Unlawful assembly
Bharatiya Nyaya Sanhita, 2023
Section 189 BNS at a Glance
Section 189 BNS deals with unlawful assembly. It replaced Sections 141, 142, 145, 144, 151, 150 and 157 IPC on 1 July 2024.
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.
Section 189 BNS Bare Act Text
(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.
(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.
(3) Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(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.
(5) Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Explanation.If the assembly is an unlawful assembly within the meaning of sub-section (1), the offender shall be punishable under sub-section (3).
(6) Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence.
(7) Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members 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.
(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.
Source: Section 189, Bharatiya Nyaya Sanhita, 2023
Section 189 BNS in the IPC (Previous Law)
FAQs on Section 189 BNS
Under Section 189(1) BNS, is every group of five people an unlawful assembly?▼
No. The group must have one of the unlawful common objects mentioned in the law. A peaceful gathering, protest, or family meeting is not unlawful merely because five or more people are present.
Under Section 189(1) BNS, can I be liable if I did not personally commit violence?▼
Yes, in some cases. If you were part of the assembly and the unlawful common object is proved, the law can treat you as responsible for the acts of the group. The exact liability depends on the facts and the related charges.
Does Section 189(1) BNS itself carry punishment?▼
No. Section 189(1) BNS is a definition section. Punishment usually comes under other provisions, such as rioting or offences committed by the group.
Why is Section 189(1) BNS used so often by police?▼
It helps police deal with group offences at an early stage. Once an assembly is shown to have an unlawful object, it becomes easier to add related offences against the members involved.
Is mere presence at the spot enough to be punished under Section 189(2) BNS?▼
Not by itself. The prosecution must show that the person was a real member of the unlawful assembly and shared or knew its common object. A bystander, passer-by, or person who arrived later without joining the group should not be treated the same way.
Under Section 189(2) BNS, do I have to personally commit violence to be liable?▼
No. Membership in the assembly can be enough if the group had an unlawful common object and you were part of it. The law looks at the role of the group and your connection with it, not only at who did the final act.
What evidence is usually used to prove an offence under Section 189(2) BNS?▼
Police usually rely on witness statements, CCTV footage, location details, recovery of weapons, slogans, prior meetings, and the conduct of the accused. Courts also look at whether the person stayed with the crowd, encouraged it, or tried to stop it.
Has Section 189(2) BNS changed under the new criminal law?▼
The substance of the rule remains the same in Section 189(2) BNS, which now combines the definition of being a member of an unlawful assembly and its punishment of imprisonment up to six months, or fine, or both, in one sub-section.
What does Section 189(3) BNS punish?▼
Section 189(3) BNS punishes anyone who joins or continues in an unlawful assembly knowing that the assembly has been commanded in the manner prescribed by law to disperse. An unlawful assembly under Section 189(1) BNS is a gathering of five or more persons with one of the common objects listed in that sub-section.
What must be proved for an offence under Section 189(3) BNS?▼
It must be shown that there was an unlawful assembly, that it had been commanded in the manner prescribed by law to disperse, and that you knew of that command and still joined or continued in the assembly.
Under Section 189(3) BNS, what is the punishment for not leaving after an unlawful assembly is ordered to disperse?▼
Section 189(3) BNS says that if a person joins or continues in an unlawful assembly, knowing that it has been lawfully commanded to disperse, the punishment is imprisonment of either description for up to two years, or fine, or both. The key part is knowledge of the lawful command to disperse and still joining or remaining there.
What should I do if I am accused under Section 189(3) BNS or want to complain about an unlawful assembly?▼
If you are accused, collect any material that shows whether you knew about the command to disperse and whether you actually joined or continued in the assembly after that. If you want to complain, give the police clear facts about the number of persons, the common object, whether a lawful order to disperse was given, and who stayed on despite that order.
Is simply carrying a knife enough for Section 189(4) BNS to apply?▼
Not by itself. The prosecution must also prove that you were a member of an unlawful assembly and that the weapon was deadly in nature or likely to cause death when used as a weapon of offence. The facts of the incident will decide the case.
Does Section 189(4) BNS require actual use of the weapon?▼
No, actual use is not necessary. The offence is made out when a person is a member of the unlawful assembly while armed with a deadly weapon, because the risk to public safety is already serious at that stage.
Can police arrest a person under Section 189(4) BNS without a warrant?▼
Yes. Being a member of an unlawful assembly while armed with a deadly weapon under Section 189(4) BNS is a cognizable offence, so police can arrest without a warrant.
What happened to Section 189(4) BNS after the new criminal law came in?▼
The substance of this rule has been carried into the Bharatiya Nyaya Sanhita (BNS) as Section 189(4) BNS. Courts and lawyers now refer to the new provision for cases arising after the change, while older cases are still read with the transition rules in mind.
Under Section 189(5) BNS, do police have to prove that I heard the dispersal order?▼
They must prove that you knew the assembly had been ordered to disperse. Direct proof is not always needed, but the facts must show knowledge clearly. If you were present when the warning was given, that can be enough in many cases.
Under Section 189(5) BNS, is mere presence at the spot enough for conviction?▼
No, mere presence is not enough by itself. The prosecution must show that you knowingly joined or continued in the assembly after the dispersal order. Without that knowledge element, the case becomes weak.
What is the maximum punishment under Section 189(5) BNS?▼
The maximum punishment is imprisonment of either description for up to six months, or fine, or both. The court decides the sentence based on the facts and the accused person's role. It does not carry a long sentence, but it can still create a criminal record.
Has Section 189(5) BNS changed under the new criminal law?▼
Yes. The provision is enacted in the Bharatiya Nyaya Sanhita (BNS) as Section 189(5) BNS. The substance remains the same, so the legal test and practical effect are largely unchanged.
What does Section 189(6) BNS actually punish?▼
It punishes the act of hiring people, or knowingly helping in that hiring, for the purpose of joining an unlawful assembly. The law treats the organiser or supporter seriously because such conduct helps create the crowd that may commit violence or public disorder.
Under Section 189(6) BNS, do I have to be present at the place of protest or riot to be charged?▼
No. Physical presence is not necessary if the prosecution can show that you arranged or supported the hiring of persons for the unlawful assembly. The focus is on your role in creating or funding the group.
Is mere payment enough for liability under Section 189(6) BNS?▼
Not by itself. The payment must be connected to hiring persons to join an unlawful assembly, and the person must have knowledge of that purpose. Innocent payment without that link should not attract this section.
How is Section 189(6) BNS different from simply joining a crowd?▼
Joining a crowd is one thing. Hiring others to join it is a separate and more serious act because it shows planning and support. This section targets the people behind the mobilisation, not only the participants on the ground.
What does Section 189(7) BNS punish?▼
Section 189(7) BNS punishes anyone who harbours, receives, or assembles persons in a house or premises under his occupation, charge, or control, knowing that those persons have been hired, engaged, or employed, or are about to be hired, engaged, or employed, to join or become members of an unlawful assembly.
What must police prove for an offence under Section 189(7) BNS?▼
The prosecution must show that the house or premises were in your occupation, charge, or control, that you harboured, received, or assembled the persons there, and that you knew they were hired, engaged, or employed, or about to be, to join an unlawful assembly.
Is Section 189(7) BNS bailable?▼
Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.
What is the punishment under Section 189(7) BNS?▼
Under Section 189(7) BNS, harbouring, receiving, or assembling persons known to have been hired for an unlawful assembly is punishable with imprisonment of either description for up to six months, or with fine, or with both.
What does Section 189(8) BNS punish?▼
Section 189(8) BNS punishes anyone who is engaged or hired, or who offers or attempts to be hired or engaged, to do or assist in doing any of the unlawful assembly acts specified in Section 189(1) BNS.
Must the hiring be completed for Section 189(8) BNS to apply?▼
No. The sub-section covers not only a person who is actually hired or engaged, but also anyone who offers or attempts to be hired or engaged to do or assist in doing any of the acts listed in Section 189(1) BNS.
What is the punishment under Section 189(8) BNS?▼
Under Section 189(8) BNS, the punishment is imprisonment of either description for up to six months, or fine, or both. If the person so hired goes armed, or engages or offers to go armed, with a deadly weapon, Section 189(9) BNS provides up to two years' imprisonment, or fine, or both.
How is Section 189(8) BNS different from Section 189(6) BNS?▼
Section 189(6) BNS punishes the person who hires, engages, or employs others to join an unlawful assembly. Section 189(8) BNS punishes the person who is hired or engaged, or who offers or attempts to be hired or engaged, to do or assist in the acts listed in Section 189(1) BNS.
When does Section 189(9) BNS apply?▼
Section 189(9) BNS applies to a person who is engaged or hired as referred to in Section 189(8) BNS to do or assist in doing an act listed in Section 189(1) BNS, and who goes armed, or engages or offers to go armed, with a deadly weapon or anything likely to cause death when used as a weapon of offence.
Must the hired person actually use or carry the weapon at the spot for Section 189(9) BNS to apply?▼
No. Section 189(9) BNS applies not only when the hired person actually goes armed, but also when that person engages or offers to go armed with a deadly weapon or something likely to cause death if used as a weapon of offence.
What is the punishment under Section 189(9) BNS?▼
Under Section 189(9) BNS, the punishment is imprisonment of either description for a term which may extend to two years, or fine, or both. Without the deadly weapon element, being hired under Section 189(8) BNS carries up to six months, or fine, or both.
How is Section 189(9) BNS different from Section 189(4) BNS?▼
Section 189(4) BNS punishes any member of an unlawful assembly who is armed with a deadly weapon. Section 189(9) BNS specifically punishes a person who has been hired or engaged under Section 189(8) BNS and who goes armed, or engages or offers to go armed, with a deadly weapon.
Section 189 BNS: Sub-sections Explained
Section 189(1) BNS: Unlawful assembly
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Bare Act Text
(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.
Explained in Simple Words
Section 189 BNS of the Bharatiya Nyaya Sanhita (BNS) defines when an assembly of five or more persons becomes an unlawful assembly. The law does not punish mere gathering by itself. The group must share one of the unlawful objects listed in the section, such as using criminal force, resisting legal process, committing mischief or other offences, or forcing someone to do an act they are not legally bound to do. This provision applies to every member of the assembly if the common object is proved.
A person may be held liable even if they did not personally commit violence, as long as they were part of the group with the required common object. In practice, this section is often used with other offences like rioting, assault, wrongful restraint, or damage to property. For police and courts, the key question is whether the group had a shared unlawful purpose, not just whether people were present at the same place.
Key Ingredients
- An assembly of five or more persons
- A common object of the persons composing the assembly, which is one of the five objects lettered a to e
Punishment
🔒 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.
💰 None.
Section 189(1) BNS defines an unlawful assembly and carries no punishment of its own. Being a member of an unlawful assembly is punished under Section 189(2) BNS with imprisonment of either description for up to six months, or fine, or both.
Real-World Example
When This Does Not Apply
- Fewer than five persons are assembled
- The common object of the persons composing the assembly is none of the five objects the section lists
- An assembly that was not unlawful when it assembled has not since taken on a common object of that kind
- The question is whether a person is a member of the assembly, or what the punishment is, which Section 189(2) BNS answers
Previous Law
IPC 141 → Section 189(1) BNS
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(1) BNS also carries, in its later sub-sections, the offences that follow this definition in the IPC.
Section 189(2) BNS: Being member of unlawful assembly
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Bare Act Text
(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.
Explained in Simple Words
Section 189 of the Bharatiya Nyaya Sanhita (BNS) this provision deals with a person who is part of an unlawful assembly. The law does not wait for actual violence to happen before it steps in. If a person joins a group with the common object that makes the assembly unlawful, or continues to remain with that group knowing its unlawful purpose, liability can follow.
The section applies to anyone who is a member of such an assembly, even if that person did not personally strike a blow or commit the main act. What matters is membership, along with the legal character of the assembly under the BNS rules. In practice, this section is used to fix responsibility on people who gather in support of a prohibited common object, such as resisting lawful authority, committing mischief, or using force against others.
For a client, the key point is this: presence alone is not always enough. The prosecution must show that the person was truly a member of the unlawful assembly and shared its common object, or at least knew the object and stayed with it. That is why facts like location, conduct, prior meeting, slogans, weapons, and active support often become important.
Key Ingredients
- An assembly which is an unlawful assembly under Section 189(1) BNS
- Awareness in the accused of the facts which render the assembly unlawful
- Intentional joining of that assembly, or continuing in it
- Such a member is punished in the same sub-section, with imprisonment of either description for up to six months, or with fine, or with both
Punishment
🔒 Imprisonment of either description for up to six months.
💰 The offender may be punished with fine alone or with both imprisonment and fine.
Being a member of an unlawful assembly under Section 189(2) BNS carries imprisonment of either description for up to six months, or fine, or both.
Real-World Example
When This Does Not Apply
- The assembly is not an unlawful assembly under Section 189(1) BNS, as where fewer than five persons make it up
- The person was not aware of the facts which render the assembly an unlawful assembly
- The person did not intentionally join the assembly or continue in it
Previous Law
IPC 142 → Section 189(2) BNS
Section 142 IPC is now Section 189(2) BNS. The BNS joins the definition in Section 142 IPC to the punishment in Section 143 IPC, so that one sub-section defines a member of an unlawful assembly and punishes the member. The words of the definition are unchanged. The sub-section then adds that 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, which is the Section 143 IPC punishment in the same words.
Section 189(3) BNS: Unlawful assembly
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Bare Act Text
(3) Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explained in Simple Words
Section 189(3) of the Bharatiya Nyaya Sanhita (BNS) punishes a person who joins or continues in an unlawful assembly after it has been lawfully ordered to disperse. It applies to anyone who joins or remains in an unlawful assembly while knowing that the assembly has been commanded in the manner prescribed by law to disperse.
The punishment under this sub-section is imprisonment of either description for a term which may extend to two years, or with fine, or with both. This is higher than the six-month maximum term under Section 189(2) BNS for ordinary membership in an unlawful assembly, because the offender defies a lawful dispersal command.
For Section 189(3) BNS to apply, the gathering of five or more persons must first be an unlawful assembly with a common object listed in Section 189(1) BNS. In addition, a command to disperse must have been given in the manner prescribed by law, and the accused must have known of that command when joining or continuing in the assembly.
Key Ingredients
- There was an unlawful assembly
- The person joined or continued in that assembly
- The assembly had been commanded in the manner prescribed by law to disperse
- The person knew of that command to disperse
Punishment
🔒 Imprisonment of either description for up to two years.
💰 The offender may be punished with fine alone, or with both imprisonment and fine.
Joining or continuing in an unlawful assembly knowing that it has been lawfully commanded to disperse is punishable with imprisonment of either description for up to two years, or with fine, or with both.
Real-World Example
When This Does Not Apply
- A group of fewer than five persons gathers, even if they behave aggressively
- Five or more persons assemble peacefully without any common object listed in the section
- A person is present but does not know that the unlawful assembly has been commanded to disperse
- A person leaves promptly after the lawful command to disperse and does not continue in the assembly
Previous Law
IPC 145 → Section 189(3) BNS
Section 189(3) BNS corresponds to Section 145 IPC, with the same words and the same punishment of imprisonment of either description for up to two years, or fine, or both. It no longer stands as a separate section with its own heading and is placed as a sub-section of Section 189(3) BNS on unlawful assembly.
Section 189(4) BNS: Joining unlawful assembly armed with deadly weapon
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Bare Act Text
(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.
Explained in Simple Words
Section 189 of the Bharatiya Nyaya Sanhita (BNS) this provision deals with a person who joins an unlawful assembly while carrying a deadly weapon, or with something that can be used as a weapon likely to cause death. The law treats this as a serious step because the presence of such a weapon increases the danger of violence and makes the assembly more threatening to public peace. To apply this section, the prosecution must show that there was already an unlawful assembly and that the accused joined it while armed with a deadly weapon.
Mere presence is not enough in every case. The surrounding facts matter, such as whether the weapon was carried openly, whether it was intended for use, and whether the person knowingly joined the group. In practice, this section is often used where a crowd turns violent and one or more members arrive armed, making the situation much more dangerous for the public and for the police.
Key Ingredients
- An unlawful assembly under Section 189(1) BNS
- A member of that assembly, being aware of facts which render it an unlawful assembly and intentionally joining it or continuing in it
- The member was armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death
- Imprisonment of either description for up to two years, or fine, or both
Punishment
🔒 Imprisonment of either description for up to two years.
💰 The offender may be punished with fine alone or with both imprisonment and fine.
A member of an unlawful assembly who is armed with a deadly weapon carries imprisonment of either description for up to two years, or fine, or both.
Real-World Example
When This Does Not Apply
- The assembly is not an unlawful assembly under Section 189(1) BNS, as where fewer than five persons make it up
- The accused is not a member under Section 189(2) BNS, as where the accused was not aware of the facts which render the assembly an unlawful assembly
- The member was not armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, so the punishment is that of a member under Section 189(2) BNS
Previous Law
IPC 144 → Section 189(4) BNS
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(4) BNS, headed Unlawful assembly.
Section 189(5) BNS: Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse
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Bare Act Text
(5) Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Explanation.If the assembly is an unlawful assembly within the meaning of sub-section (1), the offender shall be punishable under sub-section (3).
Explained in Simple Words
Section 189(5) of the Bharatiya Nyaya Sanhita (BNS) deals with a specific public order situation. If five or more persons form an assembly likely to cause a disturbance of the public peace and a lawful authority orders them to disperse, any person who knowingly joins or continues in that assembly after the order can be punished under this sub-section. The law is aimed at stopping people from strengthening a crowd after the police or another lawful authority has already directed it to break up.
This provision applies only when the person knows that the assembly of five or more persons likely to disturb the public peace has been lawfully ordered to disperse. Mere presence without knowledge is not enough. The prosecution must show that the person either joined the assembly after the command or stayed on despite knowing about the order.
Under the Explanation to Section 189(5) BNS, if the assembly is actually an unlawful assembly within the meaning of Section 189(1) BNS, the offender is punishable under Section 189(3) BNS instead.
Key Ingredients
- An assembly of five or more persons likely to cause a disturbance of the public peace
- A lawful command to the assembly to disperse
- The accused knowingly joining or continuing in the assembly after that command
Punishment
🔒 Imprisonment of either description for up to six months.
💰 The offender may be punished with fine alone or with both imprisonment and fine.
Knowingly joining or continuing in an assembly of five or more persons after it has been lawfully commanded to disperse carries imprisonment for up to six months, or fine, or both.
Real-World Example
When This Does Not Apply
- Fewer than five persons are assembled
- The assembly is not likely to cause a disturbance of the public peace
- The assembly has not been lawfully commanded to disperse
- The person did not knowingly join or continue in the assembly after the command
Previous Law
IPC 151 → Section 189(5) BNS
Section 151 IPC is now Section 189(5) BNS, with the same words in the lead and the same punishment. Only the Explanation changes. It refers to sub-sections 1 and 3 of Section 189(5) BNS in place of Sections 141 and 145 IPC, and it reads shall be punishable where the IPC reads will be punishable. The BNS gives the sub-section no title of its own, and it sits under Section 189(5) BNS, headed Unlawful assembly.
Section 189(6) BNS: Hiring, or conniving at hiring, of persons to join unlawful assembly
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Bare Act Text
(6) Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence.
Explained in Simple Words
Section 189 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a person who hires, or agrees to hire, someone to join an unlawful assembly. It also covers a person who knowingly helps in such hiring. The law is aimed at stopping organised crowd violence at its source, before the assembly actually turns unlawful in practice. This section can apply to the person arranging the hire, the person who gives money or support for that purpose, and anyone who knowingly assists in the plan.
The prosecution must show that the hiring was linked to joining an unlawful assembly and that the accused acted with knowledge or shared purpose. In practical terms, this provision is used to fix responsibility on organisers and supporters, not just on those who are physically present in the crowd. It matters because crowd offences are often planned in advance, and the law tries to reach the people behind the mobilisation.
Key Ingredients
- Hiring, engaging or employing a person, or promoting or conniving at it, to join or become a member of an unlawful assembly as Section 189(1) BNS describes it
- Punishment as a member of that assembly, which Section 189(2) BNS provides
- Liability for any offence committed by the person hired, as a member of the assembly, in pursuance of the hiring
Punishment
🔒 The section fixes no term of its own. The accused is punishable as a member of the unlawful assembly, which under Section 189(2) BNS is imprisonment of either description for up to six months. He is also liable for any offence committed by the person hired, as a member of the assembly, in pursuance of the hiring.
💰 As a member of the assembly the accused may be punished with fine alone or with both imprisonment and fine. For a further offence the punishment is that of the offence, as if he had himself committed it.
Punishable as a member of the unlawful assembly, which carries imprisonment of either description for up to six months, or fine, or both, and for any offence committed by the person hired as a member of the assembly in pursuance of the hiring.
Real-World Example
When This Does Not Apply
- The assembly was not an unlawful assembly under Section 189(1) BNS
- The accused did not hire, engage or employ the person, did not promote the hiring, engagement or employment, and did not connive at it
- The person was not hired, engaged or employed to join or become a member of the assembly
- The further offence was not committed by the person hired, as a member of the assembly, in pursuance of the hiring, engagement or employment
Previous Law
IPC 150 → Section 189(6) BNS
Section 150 IPC is now Section 189(6) BNS, with the same words. It is a sub-section of Section 189(6) BNS, which holds the unlawful assembly provisions, and it has no heading of its own. The punishment is unchanged.
Section 189(7) BNS: Harbouring persons hired for an unlawful assembly
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Bare Act Text
(7) Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members 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.
Explained in Simple Words
Section 189(7) of the Bharatiya Nyaya Sanhita (BNS) punishes a person who harbours, receives, or assembles persons in any house or premises in his occupation or charge, or under his control, knowing that those persons have been hired, engaged, or employed, or are about to be hired, engaged, or employed, to join or become members of an unlawful assembly.
To establish this offence, the prosecution must show that the accused had occupation, charge, or control of the house or premises where the people were sheltered or gathered, and that the accused knew they had been hired or were about to be hired for an unlawful assembly. The offence is punishable with imprisonment of either description for up to six months, or with fine, or with both.
Key Ingredients
- The accused harboured, received or assembled persons in a house or premises in his occupation or charge, or under his control
- The accused knew that the persons had been hired, engaged or employed, or were about to be, to join or become members of an unlawful assembly
Punishment
🔒 Imprisonment of either description for up to six months.
💰 The offender may be punished with fine alone or with both imprisonment and fine.
Harbouring, receiving or assembling persons hired for an unlawful assembly carries imprisonment for up to six months, or fine, or both.
Real-World Example
When This Does Not Apply
- The accused did not know that the persons had been hired, engaged or employed, or were about to be, to join or become members of an unlawful assembly
- The persons were not harboured, received or assembled in a house or premises in the accused's occupation or charge or under his control
- The act is hiring, engaging, employing or promoting the hiring of persons to join an unlawful assembly, which falls under Section 189(6) BNS
- The accused is the person who was hired to take part in an unlawful assembly, which falls under Section 189(8) or Section 189(9) BNS
Previous Law
IPC 157 → Section 189(7) BNS
Section 157 IPC is now Section 189(7) BNS, in the same words and with the same punishment. The BNS gives it no separate heading, because Section 189(7) BNS, headed Unlawful assembly, gathers Sections 141 to 145, 150, 151, 157 and 158 IPC into nine sub-sections. One related rule differs. Section 52A IPC kept Section 157 IPC out of its wider meaning of harbour, and Section 2(13) BNS, which now defines the word, carries no such exception.
Section 189(8) BNS: Unlawful assembly
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Bare Act Text
(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.
Explained in Simple Words
Section 189(8) of the Bharatiya Nyaya Sanhita (BNS) punishes a person who is hired or engaged, or who offers or attempts to be hired or engaged, to carry out or assist in unlawful assembly acts. It applies to the person who takes or seeks the engagement, whereas Section 189(6) BNS deals with the person who hires or employs others.
The hiring or engagement must be to do, or assist in doing, any of the acts specified in Section 189(1) BNS. Those acts include overawing the government or a public servant on duty by criminal force or show of force, resisting the execution of any law or legal process, committing mischief, criminal trespass, or another offence, taking property or depriving someone of a right by criminal force, or compelling someone by criminal force to act or omit to act against their legal rights.
The offence is complete even if the person only offers or attempts to be hired or engaged. A person convicted under Section 189(8) BNS shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Key Ingredients
- The person was engaged or hired, or offered or attempted to be hired or engaged
- The purpose was to do, or assist in doing, any of the acts specified in Section 189(1) BNS
- The target conduct falls within clauses (a) to (e) of Section 189(1) BNS, such as using criminal force against the government or a public servant, resisting law or legal process, committing an offence, or taking property or compelling someone by criminal force
Punishment
🔒 Imprisonment of either description for up to six months.
💰 The offender may be punished with fine alone, or with both imprisonment and fine.
Being hired or engaged, 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 is punishable with imprisonment of either description for up to six months, or with fine, or with both.
Real-World Example
When This Does Not Apply
- The person was not engaged or hired, and did not offer or attempt to be hired or engaged
- The hiring or engagement was not to do or assist in doing any of the acts specified in Section 189(1) BNS
- The accused is the organiser who hired or employed others to join an unlawful assembly, which falls under Section 189(6) BNS
- The person hired also goes armed, or engages or offers to go armed, with a deadly weapon, which falls under Section 189(9) BNS
Section 189(9) BNS: Unlawful assembly
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Bare Act Text
(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.
Explained in Simple Words
Section 189(9) of the Bharatiya Nyaya Sanhita (BNS) deals with an aggravated form of being hired or engaged for unlawful assembly acts. It applies to any person who, being engaged or hired as referred to in Section 189(8) BNS to do or assist in doing any of the acts specified in Section 189(1) BNS, goes armed, or engages or offers to go armed, with a dangerous weapon.
The weapon must be a deadly weapon, or anything which, when used as a weapon of offence, is likely to cause death. Because the sub-section expressly covers a hired person who engages or offers to go armed, the offence can apply even before the weapon is actually carried to the spot or used.
A person convicted under Section 189(9) BNS shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Unlike Section 189(4) BNS, which applies to any armed member of an unlawful assembly, this sub-section specifically targets a person hired or engaged under Section 189(8) BNS.
Key Ingredients
- The person was engaged or hired as referred to in Section 189(8) BNS to do or assist in doing any of the acts specified in Section 189(1) BNS
- While so engaged or hired, the person goes armed, or engages or offers to go armed
- The weapon is a deadly weapon, or anything which used as a weapon of offence is likely to cause death
Punishment
🔒 Imprisonment of either description for up to two years.
💰 The offender may be punished with fine alone, or with both imprisonment and fine.
Going armed, or engaging or offering to go armed, with a deadly weapon or anything likely to cause death when used as a weapon of offence while hired or engaged under Section 189(8) BNS is punishable with imprisonment of either description for up to two years, or with fine, or with both.
Real-World Example
When This Does Not Apply
- The person was not engaged or hired as referred to in Section 189(8) BNS to do or assist in doing any of the acts listed in Section 189(1) BNS
- The person hired did not go armed, and did not engage or offer to go armed, with a deadly weapon or anything likely to cause death when used as a weapon of offence, in which case only Section 189(8) BNS applies
- A member of an unlawful assembly is armed with a deadly weapon without being hired or engaged under Section 189(8) BNS, which falls under Section 189(4) BNS
- A private dispute over property or water access involves neither hiring for an act under Section 189(1) BNS nor going armed with a deadly weapon
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·