Bharatiya Nyaya Sanhita, 2023 · Chapter XI: Of Offences against the Public Tranquillity
Section 189: Unlawful assembly
In plain words
An unlawful assembly is a gathering of five or more persons whose common object is to overawe a government, legislature or public servant by criminal force, resist a law or legal process, commit an offence, take property or enforce a claimed right by force, or force someone to act against their legal rights. Knowingly joining or staying in one is punishable with up to six months in prison, or a fine, or both.
- An assembly that was lawful when it began can become unlawful later.
- Staying after a lawful order to disperse, or being armed with a deadly weapon in it: up to two years, or a fine, or both.
- Joining any assembly of five or more persons likely to disturb public peace after a lawful order to disperse: up to six months, or a fine, or both.
- Hiring people to join an unlawful assembly makes the hirer liable as a member, and for offences they commit.
- Harbouring hired members, or being hired for these acts: up to six months, or a fine, or both. Going armed while hired: up to two years, or a fine, or both.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 189 combines sections 141 to 145 of the IPC: the definition of an unlawful assembly, membership, and the offences of joining or continuing in it. Five or more persons with one of five unlawful common objects form an unlawful assembly.
The five unlawful objects
- (a) Overawing the Government, legislature or a public servant by criminal force or show of force.
- (b) Resisting the execution of any law or legal process.
- (c) Committing mischief, criminal trespass or other offence.
- (d) Using criminal force to take property, deprive someone of a right of way or water, or enforce a right.
- (e) Using criminal force to compel someone to act or not act against his legal rights.
Common object and membership
The common object may form on the spot, without prior agreement, and may change during the incident. A lawful gathering can become unlawful. A member is someone who, knowing the facts, intentionally joins or continues in the assembly; a bystander is not.
Offences within the section
Sub-section (2) punishes membership with up to six months. Further sub-sections punish continuing after an order to disperse, joining armed with deadly weapons, and hiring persons to join.
Key Supreme Court rulings
Zainul v. The State of Bihar 2025 INSC 1192
Decided under the IPC. "A common object may be formed by express agreement after mutual consultation, but that is by no means necessary."
Dhirubhai Bhailalbhai Chauhan v. State of Gujarat 2025 INSC 381
Mere presence at the scene does not make a person a member of an unlawful assembly.
Common mistakes
- Treating everyone present as a member.
- Proceeding with fewer than five proved members.
Read with: Section 190 BNS, Section 191 BNS, Section 141 IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 189
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Kiran v. Rajkumar Jivraj Jain & Anr.
Whether the High Court was correct in allowing the pre-arrest bail to respondent-accused u/s.438 Cr.PC in respect of alleged commission of offenses punishable u/ss.118(1), 115(1), 189(2), 189(4), 190, 191(2), 191(3),…