Section 189 of Bharatiya Nyaya Sanhita (BNS) 2023 Unlawful assembly. “(1) An assembly of five or more persons is designated an “unlawful
assembly”, if the common object of the persons composing that assembly is
(a) to overawe by criminal force, or show of criminal force, the Central Government or any State
Government or Parliament or the Legislature of any State, or any public servant in the exercise of the
lawful power of such public servant; or
(b) to resist the execution of any law, or of any legal process; or
(c) to commit any mischief or criminal trespass, or other offence; or
(d) by means of criminal force, or show of criminal force, to any person, to take or obtain
possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use
of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right
or supposed right; or
(e) by means of criminal force, or show of criminal force, to compel any person to do what he is
not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation.An assembly which was not unlawful when it assembled, may subsequently become
an unlawful assembly.
(2) 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 and 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.
(3) 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.
(4) 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.
(5) Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a
disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be
punished with imprisonment of either description for a term which may extend to six months, or with
fine, or with both. Explanation.If the assembly is an unlawful assembly within the meaning of sub-section (1), the
offender shall be punishable under sub-section (3).
(6) Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or
employment of any person to join or become a member of any unlawful assembly, shall be punishable as
a member of such unlawful assembly, and for any offence which may be committed by any such person
as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the
same manner as if he had been a member of such unlawful assembly, or himself had committed such
offence. (7) Whoever harbours, receives or assembles, in any house or premises in his occupation or charge,
or under his control any persons knowing that such persons have been hired, engaged or employed, or are
about to be hired, engaged or employed, to join or become members 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.
(8) 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 sub-section (1), shall be punished with imprisonment of either description for
a term which may extend to six months, or with fine, or with both.
(9) Whoever, being so engaged or hired as referred to in sub-section (8), 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”
Section 190 of Bharatiya Nyaya Sanhita (BNS) 2023 Every member of unlawful assembly guilty of offence committed in prosecution of common object. “If an offence is committed by any member of an unlawful assembly in prosecution of
the common object of that assembly, or such as the members of that assembly knew to be likely to be
committed in prosecution of that object, every person who, at the time of the committing of that offence,
is a member of the same assembly, is guilty of that offence.”
Section 191 of Bharatiya Nyaya Sanhita (BNS) 2023 Rioting. “(1) Whenever force or violence is used by an unlawful assembly, or by any member
thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty
of the offence of rioting.
(2) Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
(3) Whoever is guilty of rioting, being armed with a 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 five years, or with fine, or with both.”
Section 192 of Bharatiya Nyaya Sanhita (BNS) 2023 Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed. “Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to
any person intending or knowing it to be likely that such provocation will cause the offence of rioting to
be committed, shall, if the offence of rioting be committed in consequence of such provocation, be
punished with imprisonment of either description for a term which may extend to one year, or with fine,
or with both; and if the offence of rioting be not committed, with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.”
Section 193 of Bharatiya Nyaya Sanhita (BNS) 2023 Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place. “(1) Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon
which such unlawful assembly is held, or such riot is committed, and any person having or claiming an
interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent
or manager, knowing that such offence is being or has been committed, or having reason to believe it is
likely to be committed, do not give the earliest notice thereof in his or their power to the officer in charge
at the nearest police station, and do not, in the case of his or their having reason to believe that it was
about to be committed, use all lawful means in his or their power to prevent it and, in the event of its
taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful
assembly. (2) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or
occupier of any land respecting which such riot takes place or who claims any interest in such land, or in
the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit
therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to
believe that such riot was likely to be committed or that the unlawful assembly by which such riot was
committed was likely to be held, shall not respectively use all lawful means in his or their power to
prevent such assembly or riot from taking place, and for suppressing and dispersing the same. (3) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or
occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in
the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit
therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager,
having reason to believe that such riot was likely to be committed, or that the unlawful assembly by
which such riot was committed was likely to be held, shall not use all lawful means in his power to
prevent such riot or assembly from taking place and for suppressing and dispersing the same.”
Section 194 of Bharatiya Nyaya Sanhita (BNS) 2023 Affray. “(1) When two or more persons, by fighting in a public place, disturb the public peace,
they are said to commit an affray.
(2) Whoever commits an affray, shall be punished with imprisonment of either description for a term
which may extend to one month, or with fine which may extend to one thousand rupees, or with both.”
Section 195 of Bharatiya Nyaya Sanhita (BNS) 2023 Assaulting or obstructing public servant when suppressing riot, etc. “(1) Whoever assaults or obstructs any public servant or uses criminal force on any public servant in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which shall not be less than twenty-five thousand rupees, or with both.
(2) Whoever threatens to assault or attempts to obstruct any public servant or threatens or attempts to
use criminal force to any public servant in the discharge of his duty as such public servant in
endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine, or with both.”
Section 196 of Bharatiya Nyaya Sanhita (BNS) 2023 Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. “(1) Whoever
(a) by words, either spoken or written, or by signs or by visible representations or through
electronic communication or otherwise, promotes or attempts to promote, on grounds of religion,
race, place of birth, residence, language, caste or community or any other ground whatsoever,
disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or
regional groups or castes or communities; or
(b) commits any act which is prejudicial to the maintenance of harmony between different
religious, racial, language or regional groups or castes or communities, and which disturbs or is likely
to disturb the public tranquillity; or
(c) organises any exercise, movement, drill or other similar activity intending that the participants
in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that
the participants in such activity will use or be trained to use criminal force or violence, or participates
in such activity intending to use or be trained to use criminal force or violence or knowing it to be
likely that the participants in such activity will use or be trained to use criminal force or violence,
against any religious, racial, language or regional group or caste or community and such activity for
any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst
members of such religious, racial, language or regional group or caste or community,
shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any
assembly engaged in the performance of religious worship or religious ceremonies, shall be punished
with imprisonment which may extend to five years and shall also be liable to fine.”
Section 197 of Bharatiya Nyaya Sanhita (BNS) 2023 Imputations, assertions prejudicial to national integration. “(1) Whoever, by words either
spoken or written or by signs or by visible representations or through electronic communication or
otherwise,
(a) makes or publishes any imputation that any class of persons cannot, by reason of their being
members of any religious, racial, language or regional group or caste or community, bear true faith
and allegiance to the Constitution of India as by law established or uphold the sovereignty and
integrity of India; or (b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of
their being members of any religious, racial, language or regional group or caste or community, be
denied, or deprived of their rights as citizens of India; or
(c) makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any
class of persons, by reason of their being members of any religious, racial, language or regional
group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause
disharmony or feelings of enmity or hatred or ill-will between such members and other persons; or
(d) makes or publishes false or misleading information, jeopardising the sovereignty, unity and
integrity or security of India,
shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any
assembly engaged in the performance of religious worship or religious ceremonies, shall be punished
with imprisonment which may extend to five years and shall also be liable to fine.”