Section 158 IPC: Being hired to take part in an unlawful assembly or riot

Indian Penal Code, 1860

Section 158 IPC at a Glance

Section 158 IPC deals with being hired to take part in an unlawful assembly or riot. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 189(8) and 189(9) BNS.

Punishment

Imprisonment of either description for up to six months. Imprisonment of either description for up to two years where the person so engaged or hired goes armed, or engages or offers to go armed, with a deadly weapon or with anything likely to cause death if used as a weapon of offence.

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

Section 189(8) and 189(9) →

Section 158 IPC Bare Act Text

158. Being hired to take part in an unlawful assembly or riot

Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both, or to go armed.—and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, 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 158, Indian Penal Code, 1860

Section 158 IPC in Simple Words

Section 158 of the Indian Penal Code (IPC) punishes a person who is engaged or hired, or who offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in Section 141 IPC. The punishment is imprisonment of either description for up to six months, or fine, or both.

A person so engaged or hired who goes armed, or engages or offers to go armed, with any deadly weapon or with anything likely to cause death if used as a weapon of offence is punished with 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 158 IPC

  • The accused was engaged or hired, or offered or attempted to be hired or engaged
  • The engagement or hiring was to do or assist in doing any of the acts specified in Section 141 IPC
  • For the two year punishment, the person so engaged or hired went armed, or engaged or offered to go armed
  • The weapon was a deadly weapon, or anything which used as a weapon of offence is likely to cause death

Punishment Under Section 158 IPC

Imprisonment

Imprisonment of either description for up to six months. Imprisonment of either description for up to two years where the person so engaged or hired goes armed, or engages or offers to go armed, with a deadly weapon or with anything likely to cause death if used as a weapon of offence.

Fine

On either limb the offender may be punished with fine alone or with both imprisonment and fine.

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

Being engaged or hired to do or assist in doing any of the acts specified in Section 141 IPC carries imprisonment for up to six months, or fine, or both. Going armed while so engaged or hired carries imprisonment for up to two years, or fine, or both. Both limbs are cognizable and bailable and are triable by any Magistrate.

Example of Section 158 IPC

In 2019, in Madurai, seven traders formed a group to resist by criminal force a court bailiff executing a lawful attachment warrant, an act specified in Section 141 IPC. Dilip was hired by them for money to assist in resisting the warrant. While so hired, he also offered to go armed and carried an iron spear, a deadly weapon likely to cause death if used as a weapon of offence. Having been hired to assist in an act specified in Section 141 IPC and having gone armed with a deadly weapon, Dilip is punishable under Section 158 IPC.

When Section 158 IPC Does Not Apply

  • The person neither accepted an engagement or hiring nor offered or tried to be hired or engaged.
  • The work for which the person was hired or offered to be hired did not involve doing or helping to do any act listed in Section 141 IPC.
  • The accused is the employer or organizer who hired others to join an unlawful assembly, an offence governed by Section 150 IPC.
  • The accused merely gave shelter on his premises to people he knew were hired for an unlawful assembly, which is governed by Section 157 IPC.

Section 158 IPC in the BNS

Section 158 IPC is now covered under Section 189(8) and 189(9) BNS.

Section 158 IPC is now Section 189(8) BNS and Section 189(9) BNS. The BNS carries the two paragraphs of the section as two sub-sections of Section 189 BNS, which is headed Unlawful assembly, and neither has a heading of its own. Section 189(8) BNS refers to the acts specified in Section 189(1) BNS where the IPC refers to Section 141 IPC. Section 189(9) BNS says being so engaged or hired as referred to in Section 189(8) BNS where the IPC says as aforesaid. The closing words of the first paragraph, or to go armed, are not carried over. Both punishments are unchanged.

View detailed comparison (IPC 158 vs BNS 189(8) and 189(9)) →

FAQs on Section 158 IPC

What does Section 158 IPC provide?▼

It punishes a person who is engaged or hired, or who offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in Section 141 IPC. It punishes more heavily a person so engaged or hired who goes armed.

What is the punishment under Section 158 IPC?▼

Imprisonment of either description for up to six months, or fine, or both. For a person so engaged or hired who goes armed, or engages or offers to go armed, imprisonment of either description for up to two years, or fine, or both.

What counts as going armed under Section 158 IPC?▼

Going armed, or engaging or offering to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death.

How does Section 158 IPC differ from Section 150 IPC?▼

Section 150 IPC deals with the person who hires, engages or employs, or promotes or connives at the hiring, engagement or employment of a person to join an unlawful assembly. Section 158 IPC deals with the person who is engaged or hired.

Is an offence under Section 158 IPC cognizable and bailable?▼

It is cognizable and bailable on both limbs.

Which court tries an offence under Section 158 IPC?▼

Any Magistrate.

Can an offence under Section 158 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 158 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 189(8) BNS and Section 189(9) BNS.

Have questions about Section 158 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 ·