Section 193 BNS: Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place

Bare Act Text

(1) Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the officer in charge at the nearest police station, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly.

Explained in Simple Words

Key Ingredients

• An unlawful assembly is held or a riot is committed on the land
• The accused owns or occupies the land or has or claims an interest in it
• He or his agent or manager knew that the offence was being or had been committed or had reason to believe it was likely to be committed
• He or they did not give the earliest notice in his or their power to the officer in charge at the nearest police station
• Having reason to believe it was about to be committed, he or they did not use all lawful means in their power to prevent it
• If it took place, he or they did not use all lawful means in their power to disperse or suppress the riot or unlawful assembly

Punishment

🔒 None. The section provides for fine only.

💰 Fine not exceeding one thousand rupees.

The punishment under Section 193(1) BNS is a fine of up to one thousand rupees and no imprisonment.

Real-World Example

When This Does Not Apply

• No unlawful assembly or riot took place on the land
• The accused is neither the owner or occupier of the land nor a person having or claiming an interest in it
• Neither the accused nor his agent or manager knew that the offence was being or had been committed, or had reason to believe it was likely to be committed
• The charge is that a riot was committed for the benefit or on behalf of the owner or occupier, which is dealt with by Section 193(2) BNS

Bare Act Text

(2) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same.

Explained in Simple Words

Key Ingredients

• A riot committed for the benefit or on behalf of a person who owns or occupies the land, claims an interest in the land or in the subject of the dispute, or has accepted or derived a benefit from it
• Reason to believe, on the part of the person or his agent or manager, that the riot or the unlawful assembly was likely
• A failure by the person or his agent or manager to use all lawful means in his or their power to prevent the assembly or riot and to suppress and disperse it

Punishment

🔒 None. The section provides for fine only.

💰 Fine. The section names no maximum amount for the fine.

Punishable with fine only. Non-cognizable, bailable and triable by any Magistrate.

Real-World Example

When This Does Not Apply

• No riot was committed
• The riot was not committed for the benefit or on behalf of the accused
• The accused is not the owner or occupier of the land, claims no interest in the land or in the subject of the dispute, and has not accepted or derived a benefit from the riot
• Neither the accused nor his agent or manager had reason to believe that the riot or the unlawful assembly was likely
• All lawful means in the power of the accused were used to prevent the assembly or riot and to suppress and disperse it
• The accused is the owner or occupier of land on which a riot took place but the riot was not for his benefit, which is a matter for Section 193(1) BNS
• The accused is the agent or manager of such a person, which is a matter for Section 193(3) BNS

Bare Act Text

(3) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same.

Explained in Simple Words

Key Ingredients

• A riot committed for the benefit or on behalf of the owner or occupier of land, or of a person who claims an interest in the land or in the subject of the dispute, or who has accepted or derived a benefit from the riot
• The agent or manager of that person
• Reason to believe that the riot was likely to be committed or the unlawful assembly likely to be held, and failure to use all lawful means in his power to prevent and suppress it

Punishment

🔒 No imprisonment is prescribed.

💰 The agent or manager is punishable with fine. The section fixes no amount.

The punishment is fine only, with no imprisonment and no sum named in the section.

Real-World Example

When This Does Not Apply

• No riot was committed
• The riot was not committed for the benefit or on behalf of a person described in the section
• The accused was not the agent or manager of that person
• The accused had no reason to believe that the riot was likely to be committed or that the unlawful assembly was likely to be held
• The accused used all lawful means in his power to prevent the riot or assembly from taking place and for suppressing and dispersing it
• The person charged is the one for whose benefit the riot was committed rather than his agent or manager, which is dealt with under Section 193(2) BNS