Section 142 IPC: Being member of unlawful assembly

Indian Penal Code, 1860

Section 142 IPC at a Glance

Section 142 IPC deals with being member of unlawful assembly. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 189(2) BNS.

Punishment

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

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 189(2) →

Section 142 IPC Bare Act Text

142. Being member of unlawful assembly

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.

Source: Section 142, Indian Penal Code, 1860

Section 142 IPC in Simple Words

Section 142 of the Indian Penal Code (IPC) defines a member of an unlawful assembly. A person is a member where, being aware of facts which render an assembly an unlawful assembly, that person intentionally joins the assembly or continues in it. The section creates no offence and sets no punishment of its own. The punishment for being a member is in Section 143 IPC.

Ingredients of Section 142 IPC

  • An assembly which is an unlawful assembly, as Section 141 IPC defines it
  • The accused is aware of the facts which render the assembly an unlawful assembly
  • The accused intentionally joins that assembly, or continues in it

Punishment Under Section 142 IPC

Imprisonment

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

Fine

None of its own. Any fine is the fine under Section 143 IPC.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Section 142 IPC has no entry in the First Schedule to the CrPC. The First Schedule classifies Section 143 IPC as cognizable and bailable, and triable by any Magistrate.

Example of Section 142 IPC

In 2015, in Gwalior, six factory workers gathered outside a textile mill with the common object of committing criminal trespass inside the mill office, rendering the gathering an unlawful assembly. Tarun, a clerk passing along the road, learned that the six workers had assembled to commit criminal trespass. Being aware of the facts that rendered the assembly an unlawful assembly, Tarun intentionally joined the gathering and continued in it as they marched toward the gate. Tarun is a member of an unlawful assembly within Section 142 IPC.

When Section 142 IPC Does Not Apply

  • The group of people does not constitute an unlawful assembly because it has fewer than five persons or lacks an unlawful common object.
  • A bystander stands near the gathering without knowing the facts that make it an unlawful assembly.
  • A person who discovers that a gathering has adopted an unlawful common object immediately leaves instead of intentionally joining or continuing in it.

Section 142 IPC in the BNS

Section 142 IPC is now covered under 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.

View detailed comparison (IPC 142 vs BNS 189(2)) →

FAQs on Section 142 IPC

What does Section 142 IPC say?▼

It defines a member of an unlawful assembly. A person who, being aware of facts which render an assembly an unlawful assembly, intentionally joins that assembly or continues in it, is said to be a member of an unlawful assembly.

What is the punishment under Section 142 IPC?▼

None. Section 142 IPC is a definition and creates no offence. Section 143 IPC punishes being a member of an unlawful assembly with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Under Section 142 IPC, what must be shown for a person to be a member of an unlawful assembly?▼

That the assembly is an unlawful assembly under Section 141 IPC, that the person was aware of the facts which render it unlawful, and that the person intentionally joined it or continued in it.

Under Section 142 IPC, what is an unlawful assembly?▼

Under Section 141 IPC, an assembly of five or more persons whose common object is one of those that section lists. An assembly which was not unlawful when it assembled may later become an unlawful assembly.

Under Section 142 IPC, can a person become a member by staying on after the assembly turns unlawful?▼

Section 142 IPC covers a person who continues in the assembly as well as one who joins it, where the person is aware of the facts which render it an unlawful assembly.

Under Section 142 IPC, is the offence of being a member bailable?▼

Section 142 IPC has no classification of its own. The First Schedule makes Section 143 IPC cognizable and bailable, and triable by any Magistrate.

How does Section 142 IPC differ from Section 143 IPC?▼

Section 142 IPC defines a member of an unlawful assembly. Section 143 IPC punishes a member.

Where is Section 142 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 189(2) BNS, which joins the definition to the punishment of Section 143 IPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 17 Oct 2026 ·