Section 143 IPC: Punishment

Indian Penal Code, 1860

Section 143 IPC at a Glance

Section 143 IPC sets the punishment for being a member of an unlawful assembly. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 189(2) BNS.

Punishment

Imprisonment of either description for up to six months.

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

Section 189(2) →

Section 143 IPC Bare Act Text

143. Punishment

Whoever is a member 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.

Source: Section 143, Indian Penal Code, 1860

Section 143 IPC in Simple Words

Section 143 of the Indian Penal Code (IPC) is headed Punishment and punishes being a member of an unlawful assembly. Who is a member is set out in Section 142 IPC: a person who, being aware of facts which render an assembly an unlawful assembly, intentionally joins that assembly or continues in it.

The punishment is imprisonment of either description for up to six months, or fine, or both. The offence is cognizable and bailable, and it is triable by any Magistrate.

Ingredients of Section 143 IPC

  • The accused was a member of an unlawful assembly
  • The assembly was an unlawful assembly under Section 141 IPC, an assembly of five or more persons whose common object is one of those the section lists
  • Under Section 142 IPC the accused, being aware of facts which render the assembly an unlawful assembly, intentionally joined it or continued in it

Punishment Under Section 143 IPC

Imprisonment

Imprisonment of either description for up to six months.

Fine

The offender may be punished with fine alone or with both imprisonment and fine.

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

Being a member of an unlawful assembly carries imprisonment of either description for up to six months, or fine, or both.

Example of Section 143 IPC

In 2022, in Bhopal, five men, Surya, Deepak, Mohan, Vinod, and Kunal, assembled at a municipal depot with the common object of using criminal force to compel a revenue clerk, Prakash, to issue a permit that Prakash was not legally bound to issue. Nitin arrived at the depot, learned of the five men's common object, and, being aware of the facts that made their gathering an unlawful assembly, intentionally joined and remained in the assembly. As a member of an unlawful assembly, Nitin is punishable under Section 143 IPC.

When Section 143 IPC Does Not Apply

  • The gathering consists of fewer than five persons or lacks any of the unlawful common objects required to form an unlawful assembly.
  • The accused had no knowledge of the facts that made the gathering an unlawful assembly.
  • The accused was caught in the crowd by chance and did not intentionally join or continue in the unlawful assembly.

Section 143 IPC in the BNS

Section 143 IPC is now covered under Section 189(2) BNS.

Section 143 IPC is now Section 189(2) BNS. The BNS joins the meaning of a member of an unlawful assembly, which was Section 142 IPC, to the punishment in one sub-section. The punishment follows straight after the meaning, with the person called such member. The punishment is the same.

View detailed comparison (IPC 143 vs BNS 189(2)) →

FAQs on Section 143 IPC

What does Section 143 IPC provide?▼

It punishes a member of an unlawful assembly with imprisonment of either description for up to six months, or fine, or both.

Under Section 143 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.

Under Section 143 IPC, what is an unlawful assembly?▼

Under Section 141 IPC, an assembly of five or more persons whose common object is one of those the section lists.

What is the punishment under Section 143 IPC?▼

Imprisonment of either description for up to six months, or fine, or both.

Is an offence under Section 143 IPC cognizable and bailable?▼

It is cognizable and bailable.

Which court tries an offence under Section 143 IPC?▼

Any Magistrate.

Can an offence under Section 143 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

How does Section 143 IPC differ from Section 144 IPC?▼

Section 143 IPC punishes any member of an unlawful assembly, with imprisonment of up to six months, or fine, or both. Section 144 IPC punishes a member who is armed with a deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, with imprisonment of up to two years, or fine, or both.

Where is Section 143 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 189(2) BNS, which also holds the meaning of a member of an unlawful assembly.

Have questions about Section 143 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

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: 16 Oct 2026 ·