Section 189 of BNS : Section 189: Unlawful assembly.
BNS
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Explanation using Example
Example 1:
A group of six people gathers outside a government office in Delhi. Their common objective is to forcefully prevent a public servant from executing a legal order. They start shouting threats and brandishing sticks to intimidate the public servant. This group is considered an unlawful assembly under Section 189(1)(a) of The Bharatiya Nyaya Sanhita 2023. If they refuse to disperse when commanded by the police, each member could face up to two years in prison or a fine, or both, as per Section 189(3).
Example 2:
Ten individuals assemble in a village in Maharashtra with the intent to take over a piece of land that legally belongs to another person. They use physical force to drive the rightful owner off the property. This assembly is unlawful under Section 189(1)(d) because they are using criminal force to take possession of property. If any of these individuals are found to be carrying deadly weapons, they could be punished with up to two years in prison or a fine, or both, according to Section 189(4).
Example 3:
A political group hires 20 people to disrupt a legal eviction process in a residential area in Bangalore. These hired individuals gather and start resisting the police officers who are executing the eviction order. This scenario falls under Section 189(1)(b) as the assembly is resisting the execution of a legal process. The person who hired these individuals can be punished as a member of the unlawful assembly and for any offenses committed by the group, as per Section 189(6).
Example 4:
During a protest in Kolkata, a group of five people starts damaging public property and committing acts of vandalism. Initially, the protest was peaceful, but it turned violent. This group now constitutes an unlawful assembly under Section 189(1)(c) because they are committing mischief and other offenses. If they continue their actions after being commanded to disperse, they could face up to six months in prison or a fine, or both, under Section 189(5).
Example 5:
A local leader in Chennai gathers a group of people in his house, knowing that they have been hired to join an unlawful assembly to disrupt a public meeting. This act of harboring individuals who are about to engage in unlawful activities makes the local leader liable under Section 189(7). He could be punished with up to six months in prison or a fine, or both.
Example 6:
A person in Hyderabad offers to join a group planning to use force to prevent a legal demolition of illegal structures. He is aware that the group intends to use criminal force to stop the demolition. This person is engaging in an act specified in Section 189(1) and can be punished with up to six months in prison or a fine, or both, under Section 189(8). If he goes armed with a deadly weapon, the punishment could extend to two years in prison or a fine, or both, as per Section 189(9).