Unlawful Assembly under the BNS: Sections 189 and 190 Explained
Date Published
The law on unlawful assembly has moved house. What used to sit in Section 141 of the Indian Penal Code now sits in Section 189 of the Bharatiya Nyaya Sanhita, 2023, and the old Section 149 on joint liability is now Section 190. The idea is the same, but the numbers, and some of the punishments, are set out afresh in Chapter XI, "Of Offences Against the Public Tranquillity".
If you are preparing for the Civil Judge Exam, PCS J Exam or APO Exam, you need both versions in your head, because question papers move between the two codes.
Section 189: Who Counts as an Unlawful Assembly
Under Section 189(1), an assembly of five or more persons is called an "unlawful assembly" if the common object of its members is one of the following five:
• to overawe, by criminal force or a show of criminal force, the Central or a State Government, Parliament, a State Legislature, or a public servant exercising lawful power
• to resist the execution of any law or legal process
• to commit mischief, criminal trespass or any other offence
• by criminal force or a show of it, to take or obtain possession of property, or to deprive a person of a right of way, use of water or other incorporeal right, or to enforce a right or supposed right
• by criminal force or a show of it, to compel a person to do what he is not legally bound to do, or to omit what he is legally entitled to do
The Explanation says that an assembly which was not unlawful when it came together may later become unlawful.
Two points need attention. First, the number is five or more. Four people cannot form an unlawful assembly, however violent. Second, the test is the common object. A group of friends sitting in a park with no unlawful object is not an unlawful assembly. And no offence needs to be actually committed for the assembly to be unlawful.
Read Blog: Place of Suing Under CPC: Sections 15–21A Explained
Common Object and Common Intention Are Not the Same
A frequent exam trap. The law needs a common object here, not a common intention. These are different ideas. Common object is the shared purpose for which the group has gathered, tied to the five heads above. Keep this line in your notes for short questions.
The Offences Inside Section 189
Section 189 does not stop at the definition. It sets out a series of offences with their own punishments:
Sub-section | Conduct | Punishment |
189(2) | Knowingly and intentionally joining or continuing in an unlawful assembly | Up to 6 months, or fine, or both |
189(3) | Joining or continuing after a lawful command to disperse, knowing of it | Up to 2 years, or fine, or both |
189(4) | Being a member while armed with a deadly weapon or anything likely to cause death if used as a weapon | Up to 2 years, or fine, or both |
189(5) | Knowingly joining or continuing in an assembly of five or more, likely to disturb the public peace, after a lawful command to disperse | Up to 6 months, or fine, or both |
189(7) | Harbouring or assembling persons known to be hired for an unlawful assembly | Up to 6 months, or fine, or both |
189(8) | Being hired or engaged, or offering to be, to do or help in any act under sub-section (1) | Up to 6 months, or fine, or both |
189(9) | Going armed, or offering to, while so engaged under sub-section (8) | Up to 2 years, or fine, or both |
Sub-section (6) deals with the person who hires, engages, employs or promotes, or connives at the recruitment of, someone into an unlawful assembly. Such a person is punishable as a member and is also liable for offences committed by the recruit in pursuance of that engagement.
For comparison with the IPC, one commentary lists the old equivalents: membership of an unlawful assembly under IPC Section 143, carrying a deadly weapon under Section 144, and refusing to disperse under Section 145. Joining or continuing with knowledge is linked to Section 142 of the IPC. Do check these against a side-by-side table in your Bare Act before an exam.
Section 190: Everyone Is Responsible
Section 190 is titled "Every member of unlawful assembly guilty of offence committed in prosecution of common object". If any member of an unlawful assembly commits an offence in prosecution of the common object, every person who was a member of that assembly at the time is guilty of that offence. The section also covers an offence that the members knew was likely to be committed in pursuit of that object.
In plain words: you do not have to strike the blow to be guilty. If you were a member at the time, and the offence was linked to the common object, the law treats the act as the act of all. Section 190 corresponds to IPC Section 149 with no change of substance.
This is a vicarious or constructive liability. It explains why the prosecution spends so much time proving who was present and what the shared purpose was.
What Comes Next in Chapter XI
The chapter does not end with Section 190. A short map helps:
Section | Subject | Punishment in brief |
191 | Rioting | Up to 2 years, or fine, or both; if armed with a deadly weapon, up to 5 years, or fine, or both |
192 | Wantonly giving provocation with intent to cause riot | Up to 1 year if rioting follows; up to 6 months if not |
193 | Liability of owner or occupier of land where an unlawful assembly or riot takes place | Fine, with sub-section (1) not exceeding one thousand rupees |
194 | Affray | Up to 1 month, or fine up to one thousand rupees, or both |
195 | Assaulting or obstructing a public servant suppressing a riot | Up to 3 years, or fine of not less than twenty-five thousand rupees, or both under 195(1) |
Rioting is simply the use of force or violence by an unlawful assembly, or by any member of it, in furtherance of the common object. That is why Section 189 is the base on which Sections 190 and 191 stand.
What the Courts Have Said
The sources used for this blog do not name a specific case on Sections 189 or 190. One legal-education page confirms that it cites no case law specifically on these sections. Another commentary says a Supreme Court ruling held that a common object must be proved and that mere membership is not enough for conviction, but it does not name the case. A High Court quashing order under Sections 189(2), 126(2), 270 read with 190 BNS also records the argument that mere presence in an assembly is not enough unless there was a common object. That order, too, is available only as a headnote without a clear case name here.
So, for your answers, rely on the statutory text and on the well-known principle that the prosecution must prove a common object. When you meet a named case in your study material, add it, and take care to cite it in full.
Exam Handling
Think of this topic as three layers: definition (five or more persons, five objects), offences (membership, armed membership, refusal to disperse, hiring), and consequence (joint liability and rioting).
Prelims often ask for the minimum number, the section number, or the IPC equivalent. Mains ask you to apply the section to facts: a crowd of seven blocks a road, one member assaults an officer, others stand by. A good answer checks the number, finds the common object, applies Section 190, and then considers rioting under Section 191.
Begin your Civil Judge Exam Preparation with structured learning, expert mentorship, quality study materials, and consistent practice to achieve your judiciary dreams.
Questions Aspirants Ask
How many persons are needed for an unlawful assembly under the BNS?
Five or more, under Section 189(1).
Which IPC sections correspond to BNS Sections 189 and 190?
Section 189 corresponds to IPC Section 141 and Section 190 corresponds to IPC Section 149.
Must an offence actually be committed for an assembly to be unlawful?
No. A common unlawful object of the kind listed in Section 189(1) is enough.
What is the difference between common object and common intention?
Unlawful assembly needs a common object. The two ideas are different in law, and common intention is not the test here.
Can an assembly that began lawfully become unlawful?
Yes. The Explanation to Section 189(1) says so.
What is the punishment for joining an unlawful assembly knowing of an order to disperse?
Up to two years, or fine, or both, under Section 189(3).
What does Section 190 do?
It makes every member of the assembly at the time guilty of an offence committed by any member in prosecution of the common object.
What is rioting under the BNS?
Use of force or violence by an unlawful assembly or its member in furtherance of the common object, punished under Section 191.
What is the punishment for rioting while armed?
Up to five years, or fine, or both, under Section 191.
Which chapter of the BNS contains these provisions?
Chapter XI, "Of Offences Against the Public Tranquillity".
In Closing
The BNS did not change the heart of the law on unlawful assembly. It changed the address. Learn Section 189 for the definition and offences, Section 190 for joint liability, and Section 191 for rioting, and keep the IPC numbers beside them.
For a smooth shift from IPC to BNS, join Nitesh Sir's classes at Aashayein Judiciary. Our Judiciary Notes carry side-by-side IPC and BNS tables, and our Mock Test series checks that you can use both. Start Online Judiciary Coaching today for the Civil Judge Exam, PCS J Exam and APO Exam.