Section 141 IPC: Unlawful assembly

Indian Penal Code, 1860

Section 141 IPC at a Glance

Section 141 IPC deals with unlawful assembly. From 1 July 2024 it is replaced by Section 189(1) BNS.

Punishment

None. Section 141 IPC creates no offence. Being a member of an unlawful assembly is punished under Section 143 IPC.

BNS Equivalent

Section 189(1) →

Section 141 IPC Bare Act Text

141. Unlawful assembly

An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is—

First.—To overawe by criminal force, or show of criminal force, the Central 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

Second.—To resist the execution of any law, or of any legal process; or

Third.—To commit any mischief or criminal trespass, or other offence; or

Fourth.—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

Fifth.—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.

Source: Section 141, Indian Penal Code, 1860

Section 141 IPC in Simple Words

Section 141 of the Indian Penal Code (IPC) defines an unlawful assembly. An assembly of five or more persons is an unlawful assembly if the common object of the persons composing it is any one of five objects the section lists. The first is to overawe by criminal force, or show of criminal force, the Central 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. The second is to resist the execution of any law, or of any legal process.

The third is to commit any mischief or criminal trespass, or other offence. The fourth is, by criminal force or show of criminal force, to take or obtain possession of any property, 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. The fifth is, by 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. An assembly which was not unlawful when it assembled may subsequently become an unlawful assembly.

The section creates no offence and no punishment of its own. Being a member of an unlawful assembly is dealt with in Sections 142 and 143 IPC.

Ingredients of Section 141 IPC

  • An assembly of five or more persons
  • A common object shared by the persons composing the assembly
  • That common object is one of the five the section lists: to overawe by criminal force or show of criminal force, to resist the execution of any law or legal process, to commit any mischief, criminal trespass or other offence, to take or obtain possession of property or deprive a person of a right by criminal force or show of it, or to compel a person by criminal force or show of it to do or omit to do an act

Punishment Under Section 141 IPC

Imprisonment

None. Section 141 IPC creates no offence. Being a member of an unlawful assembly is punished under Section 143 IPC.

Fine

None.

Section 141 IPC has no entry in the First Schedule to the CrPC, because it creates no offence. Section 143 IPC, which punishes a member of an unlawful assembly, is cognizable and bailable and is triable by any Magistrate.

Example of Section 141 IPC

In 2016, in Madurai, Anand, Bala, Charan, Dinesh, Eshwar, and Farhan initially met peacefully at a tea stall to discuss municipal market rates. During the meeting, the six traders formed the common object of using a show of criminal force to deprive a neighbouring dyer, Govind, of the use of water from a canal of which Govind was in enjoyment. Although the gathering of six persons was lawful when it first assembled, under the Explanation it subsequently became an unlawful assembly once they shared that common object. The gathering is an unlawful assembly within Section 141 IPC.

When Section 141 IPC Does Not Apply

  • Only four or fewer people gather together, even if they share an unlawful purpose.
  • Five or more people assemble, but they do not share any of the five common objects specified in Section 141 IPC.
  • A crowd that assembled for a lawful purpose never subsequently adopts any of the five prohibited common objects.
  • Five or more people enforce a claim to property through peaceful negotiation without any criminal force, show of criminal force, mischief, criminal trespass, or other offence.

Section 141 IPC in the BNS

Section 141 IPC is now covered under 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.

View detailed comparison (IPC 141 vs BNS 189(1)) →

FAQs on Section 141 IPC

What is an unlawful assembly under Section 141 IPC?▼

An assembly of five or more persons is an unlawful assembly if the common object of the persons composing it is one of the five objects the section lists.

What are the five common objects in Section 141 IPC?▼

To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of his lawful power. To resist the execution of any law or legal process. To commit any mischief or criminal trespass, or other offence. By criminal force or show of it, to take or obtain possession of property, to deprive a person of a right of way or of the use of water or other incorporeal right, or to enforce a right or supposed right. And by criminal force or show of it, to compel a person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

What does the Explanation to Section 141 IPC mean?▼

It provides that an assembly which was not unlawful when it assembled may subsequently become an unlawful assembly.

What is the punishment under Section 141 IPC?▼

None. Section 141 IPC only defines an unlawful assembly. Section 143 IPC punishes a member of an unlawful assembly with imprisonment of either description for up to six months, or fine, or both.

Under Section 141 IPC, who is a member of an unlawful assembly?▼

Under Section 142 IPC, a person who, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it.

Is an offence connected with Section 141 IPC bailable?▼

Section 141 IPC has no entry in the First Schedule to the CrPC. Section 143 IPC, the offence of being a member, is cognizable and bailable and is triable by any Magistrate.

How does Section 141 IPC relate to Section 149 IPC?▼

Section 149 IPC makes every member of an unlawful assembly guilty of an offence committed in prosecution of the common object of the assembly, or such as the members knew to be likely to be committed in prosecution of that object.

Where is Section 141 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 189(1) BNS, in the same words, with the five objects lettered a to e and the Central Government named in full in the first.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·