Section 144 IPC: Joining unlawful assembly armed with deadly weapon
Indian Penal Code, 1860
Section 144 IPC at a Glance
Section 144 IPC deals with joining unlawful assembly armed with deadly weapon. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 189(4) BNS.
Imprisonment of either description for up to two years.
Section 144 IPC Bare Act Text
144. Joining unlawful assembly armed with deadly weapon
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.
Source: Section 144, Indian Penal Code, 1860
Section 144 IPC in Simple Words
Section 144 of the Indian Penal Code (IPC) punishes a member of an unlawful assembly who is armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death. The punishment is imprisonment of either description for up to two years, or fine, or both.
The offence is cognizable and bailable, and it is triable by any Magistrate. Who is a member is set out in Section 142 IPC.
A member who is not armed is punished under Section 143 IPC.
Ingredients of Section 144 IPC
- 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
- The accused was a member of it under Section 142 IPC, being aware of facts which render the assembly an unlawful assembly and intentionally joining it or continuing in it
- The accused was armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death
Punishment Under Section 144 IPC
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.
Example of Section 144 IPC
When Section 144 IPC Does Not Apply
- Section 144 IPC does not apply when the gathering consists of fewer than five persons or lacks an unlawful common object under Section 141 IPC.
- Section 144 IPC does not apply when the person present did not intentionally join or continue in the gathering with knowledge of the facts making it an unlawful assembly under Section 142 IPC.
- Section 144 IPC does not apply when the member of the unlawful assembly carries no deadly weapon and no item likely to cause death if used as a weapon of offence, leaving liability under Section 143 IPC.
Section 144 IPC in the BNS
Section 144 IPC is now covered under 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.
View detailed comparison (IPC 144 vs BNS 189(4)) →FAQs on Section 144 IPC
What does Section 144 IPC provide?▼
It punishes a member of an unlawful assembly who is armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death.
What is the punishment under Section 144 IPC?▼
Imprisonment of either description for up to two years, or fine, or both.
Under Section 144 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 144 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 does Section 144 IPC treat as a weapon?▼
Any deadly weapon, or anything which, used as a weapon of offence, is likely to cause death.
Does Section 144 IPC require the weapon to be used?▼
No. The section asks whether the member is armed, not whether the weapon was used. For anything that is not itself a deadly weapon, the test is whether it, used as a weapon of offence, is likely to cause death.
How does Section 144 IPC differ from Section 143 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 imprisonment of up to two years, or fine, or both.
How does Section 144 IPC differ from Section 145 IPC?▼
Section 145 IPC punishes joining or continuing in an unlawful assembly, knowing that it has been commanded in the manner prescribed by law to disperse. Section 144 IPC punishes a member who is armed. Both carry imprisonment of up to two years, or fine, or both.
Is an offence under Section 144 IPC cognizable and bailable?▼
It is cognizable and bailable.
Which court tries an offence under Section 144 IPC?▼
Any Magistrate.
Can an offence under Section 144 IPC be compounded?▼
No. It is not listed in Section 320 CrPC.
Where is Section 144 IPC in the Bharatiya Nyaya Sanhita?▼
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·