Section 145 IPC: Joining or continuing in unlawful assembly, knowing it has been commanded to disperse

Indian Penal Code, 1860

Section 145 IPC at a Glance

Section 145 IPC deals with joining or continuing in unlawful assembly, knowing it has been commanded to disperse. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 189(3) BNS.

Punishment

Imprisonment of either description for up to two years.

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

Section 189(3) →

Section 145 IPC Bare Act Text

145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse

Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, 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 145, Indian Penal Code, 1860

Section 145 IPC in Simple Words

Section 145 of the Indian Penal Code (IPC) punishes joining or continuing in an unlawful assembly, knowing that the assembly has been commanded in the manner prescribed by law to disperse. 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.

Ingredients of Section 145 IPC

  • There 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 unlawful assembly had been commanded in the manner prescribed by law to disperse
  • The accused joined the unlawful assembly or continued in it
  • The accused knew that the unlawful assembly had been so commanded

Punishment Under Section 145 IPC

Imprisonment

Imprisonment of either description for up to two years.

Fine

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

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

Joining or continuing in an unlawful assembly, knowing it has been commanded to disperse, carries imprisonment of either description for up to two years, or fine, or both.

Example of Section 145 IPC

In 2018 in Kozhikode, seven workers assembled outside a timber depot with the common object of forcibly obstructing a bailiff from executing a court decree, forming an unlawful assembly under Section 141 IPC. An Executive Magistrate arrived and commanded the unlawful assembly in the manner prescribed by law to disperse. Harish, one of the members present, heard the order clearly and knew that the assembly had been lawfully commanded to disperse, yet he continued to remain in the assembly, while his friend Pranav knowingly joined it after the command. Both Harish and Pranav are punishable under Section 145 IPC.

When Section 145 IPC Does Not Apply

  • Section 145 IPC does not apply when the gathering lacks the minimum five persons or one of the unlawful common objects required by Section 141 IPC.
  • Section 145 IPC does not apply when no command to disperse has been issued to the unlawful assembly in the manner prescribed by law.
  • Section 145 IPC does not apply when the person joining or staying in the unlawful assembly was unaware that a lawful command to disperse had been given.
  • Section 145 IPC does not apply when a gathering of five or more persons commanded to disperse is merely likely to disturb the public peace without being an unlawful assembly, as that falls under Section 151 IPC.

Section 145 IPC in the BNS

Section 145 IPC is now covered under Section 189(3) BNS.

Section 145 IPC is now Section 189(3) BNS, with the same words and the same punishment. It no longer has a heading of its own. It is one sub-section of Section 189(3) BNS, headed Unlawful assembly, which also carries the meaning of an unlawful assembly and the other offences of unlawful assembly.

View detailed comparison (IPC 145 vs BNS 189(3)) →

FAQs on Section 145 IPC

What does Section 145 IPC provide?▼

It punishes joining or continuing in an unlawful assembly, knowing that the assembly has been commanded in the manner prescribed by law to disperse.

What is the punishment under Section 145 IPC?▼

Imprisonment of either description for up to two years, or fine, or both.

Under Section 145 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.

How does Section 145 IPC differ from Section 143 IPC?▼

Section 143 IPC punishes a member of an unlawful assembly with imprisonment of up to six months, or fine, or both. 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, with imprisonment of up to two years, or fine, or both.

How does Section 145 IPC differ from Section 151 IPC?▼

Section 151 IPC punishes knowingly joining or continuing in any assembly of five or more persons likely to cause a disturbance of the public peace, after it has been lawfully commanded to disperse, with imprisonment of up to six months, or fine, or both. If the assembly is an unlawful assembly within the meaning of Section 141 IPC, the Explanation to Section 151 IPC makes the offender punishable under Section 145 IPC.

Is an offence under Section 145 IPC cognizable and bailable?▼

It is cognizable and bailable.

Which court tries an offence under Section 145 IPC?▼

Any Magistrate.

Can an offence under Section 145 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 145 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 189(3) BNS, a sub-section of Section 189 BNS, which is headed Unlawful assembly.

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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: 16 Oct 2026 ·