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‘Public Tranquility’
Prof. Santosh D. Bhosale 110
(..11..)
Offences Against the Public Tranquillity
(CHAP. XI Ss. 189 TO 197)
QUESTION BANK
Q.1. What is unlawful assembly? When a person is said to be the member
of Unlawful assembly?
Q.2. Define ‘Unlawful assembly’, Distinguish it’s from rioting and affray.
Q.3. Define ‘Unlawful Assembly’. Can a lawful assembly become
unlawful?
Q.4. Define Unlawful assembly, and distinguish between common object
and common intention.
Q.5. Explain in detail rioting as a specific offence.
SHORT NOTES
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1.
2.
3.
Riot
Unlawful assembly
Unlawful assembly and Royalty
SYNOPSIS
Introduction-
I]
UNLAWFUL ASSEMBLY:-
A)
B)
C)
D)
Unlawful Assembly (S. 189 (1)): -
Being a Member of Unlawful Assembly (S. 189 (2)): -
Other Cognate offences of ‘Unlawful Assembly’:-
Liability for Constructive Criminality (S.190): -
II]
RIOTING (S):-
1. Definition (S. 191 (1)-
2)
Ingredients of Riot: -
3) Wantonly giving provocation with intent to cause riot (S. 192)-
4) Liability of owner, occupier, etc. (S. 193)-
5) Distinction between ‘Rioting’ (S.191) and ‘Unlawful Assembly’
(S.189):-
III] AFFRAY (Ss. 194):-
IV. Promoting enmity between different groups (S. 196)-
1. Promoting enmity between different groups (S. 196 (1)-
a. Promoting Enmity-
b. Prejudicial Acts-
c. Organised Drills-
2) Punishments (S. 196 (2))-
V. Imputations, assertions prejudicial to national integration (S. 197)-
(a) Questioning Allegiance-
(b) Denying Rights-
(c) Inciting Disharmony-
(d) False/Misleading Information-
VI. Conclusion-
***
Introduction-
The BNS, 2023, addresses Offences Against Public Tranquillity primarily
in Chapter XI, covering Sections 189 to 197 (Chapter VIII from Ss. 141 to 161 of
IPC). These offences essentially involve acts by a group of people that disturb the
peace, order, and safety of the public (tranquillity) or a community.
These offences fall between offences against the State and offences against the
individual. They are as follows-
1)
Unlawful Assembly (Ss. 189, 190)
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2)
3)
4)
Rioting (S.191 to S. 193)
Promoting enmity between different groups (S. 196)
Affray (Ss. 194).
I]
UNLAWFUL ASSEMBLY:-
Under this chapter, the mere assembly of persons is not punishable.
However, where the public assembles in such a way as to cause terror in the
people's minds and endanger public peace, the assembly is termed an ‘unlawful
assembly’. S. 189 defines unlawful assembly and provides the punishments for
persons constituting an unlawful assembly. The topic of unlawful assembly has
been consolidated under the BNS. All the sections of the IPC (i.e. S. 141, 142, 143,
144, 145, 150 and 157) relating to the offence of unlawful assembly have been
consolidated under S. 189 and 190 of the BNS.
A)
Unlawful Assembly (S. 189 (1)): -
An unlawful assembly is an assembly of five or more persons if their
common object is: -
a)
to overawe by criminal force or by show of criminal force-
i) the Central or State Government, or
ii) the Parliament or Legislature of any State, or
iii) any public servant in the lawful exercise of the power of such public
servant-
b)
c)
d)
to resist the execution of any law or legal process,
to commit any mischief or criminal trespass or other offences, or
by means of criminal force or show of criminal force to any person.
a) to take or obtain possession of any property, or
b) to deprive any person of –
i) the enjoyment of the right of way or
ii) the use of water, or
iii)
other
possession or enjoyment or
to enforce any right or supposed right, or
by means of criminal force or show of criminal force to compel any person-
incorporeal
rights
of
which
he
is
in
c)
e)
i)
to do what he is not legally bound to do,
ii)
to omit to do what he is legally entitled to do.
An assembly which was not unlawful when assembled may become
unlawful subsequently.
Thus, an assembly of five or more persons with one or more of the above
seven objects becomes unlawful.
However, mere presence does not make a person a member of the unlawful
assembly unless shown to have done something in furtherance of their common
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Facts:- There was a long-standing dispute between the accused and some
other persons relating to the ownership of the piece of land. One day, the accused
went to sow the land with indigo, accompanied by a group of men armed with
sticks, who kept off the men belonging to the other group by brandishing their
sticks while the land was being sown.
Held: - By doing so, they have constituted an unlawful assembly.
The BNS awards
B)
Being a Member of Unlawful Assembly (S. 189 (2)): -
The BNS, from clauses 2 to 8, lays down the punishments according to
the specific role or situation of the member of the assembly.
Sub clause 2 defines a member of an unlawful assembly as
“Whoever, being aware
of facts which render
any assembly an
i) Joins that
assembly, or
ii) Continues in
it,
is said to be a
intentionally
member of an
unlawful assembly”.
unlawful assembly,
It also provides the punishment for being a member of an unlawful assembly.
Punishment - imprisonment up to six months or a fine, or both.
[Note- Whenever the sentence “imprisonment up to …..years” is mentioned, it is to be
taken as “imprisonment which may extend to ……years”]
.
C)
Other Cognate offences of ‘Unlawful Assembly’:-
1)
Joining or continuing in an unlawful assembly, knowing it has been
commanded to disperse (Punishment- imprisonment up to two
years, or with fine or with both) (S. 189 (3))
2)
Joining an unlawful assembly armed with a deadly weapon
(Punishment- with imprisonment up to 2 years or with a fine, or
with both) (S. 189 (4)).
3)
4)
Joining an unlawful assembly likely to disturb peace after order to
disperse (S. 189 (5).
Hiring or promoting the hiring of people for the assembly.
Punishment- same as if he was a member of the unlawful assembly.
(S. 189 (6)).
5)
Harbouring/Assembling people known to be hired for it.
1
Baladin V. State of U.P. AIR 1957 SC. 181.
(1883) 9 Cal 639.
2
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Punishment- up to 6 months, or fine or both (S. 189 (7)).
Being hired to take part in an unlawful assembly. Punishment
imprisonment up to 6 months, or a fine or both (S. 189 (8)).
6)
-
If such hird person goes armed, Pubishable with imprisonment up to
2 years or fine or both (S. 189 (9)).
D)
Liability for Constructive Criminality (S.190): -
The section 190 provides the constructive liability of one member of an
unlawful assembly for the act done by another member of the assembly committed
in the prosecution of a common object-
It provides that -
If any member of an unlawful assembly commits an offence-
i)
in the prosecution of the common object of that assembly, or
such (offences) as the members of that assembly knew to be likely to
be committed in prosecution of that object-
ii)
-
every person who, at the time of committing that offence, is a member of the
same assembly and is guilty of that offence.
Facts:- A body of heavily armed men set out to take a woman back by
force. Consequently, one member of the party committed the murder of men from
the opposite party.
Court Held: - that the members of an unlawful assembly must be taken to
have known that someone was likely to be killed. Therefore, all the party members
The distinction between ‘in furtherance of common intention’ under
S.3 (5) and ‘in the prosecution of common object’ under S.190].
(Discussed earlier in the topic of ‘joint offenders’)
II]
1. Definition (S. 191 (1)-
The section defines the offence of rioting. It is defined as follows-
Whenever force or violence is used by-
RIOTING (S):-
i)
an unlawful assembly, or
by any member
the common object of such assembly,
- Every member of such assembly is guilty of the offence of rioting.
ii)
thereof,
in
prosecution
of
3
1942 Lah. 89
4 In Chanda V/s. State of U.P. (2004 AIR SCW 2954)
Supreme Court observed that – in unlawful assembly it is not really necessary to determine as to which of
accused persons forming part of unlawful assembly inflicted which particular or specific injury in course
of the occurrence or in causing murder.
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The punishment prescribed is imprisonment for up to two years, a fine, or
both (S. 191 (2)). But if the offender is armed with deadly weapons, imprisonment
for up to five years or a fine, or both (S.191 (3)).
In short, Unlawful assembly + force = Riot.
2)
Ingredients of Riot: -
a)
b)
c)
the use of force or violence,
by an unlawful assembly (or by any member thereof)
in the prosecution of the common object of such assembly.
3) Wantonly giving provocation with intent to cause riot (S. 192)-
The section deals with inciting a riot through illegal provocation. It punishes
anyone who deliberately or recklessly does something illegal to provoke others, knowing
it will likely cause a riot. If a riot occurs is punishable with imprisonment up to 1 year or
fine or both, if riot dosen’t occur the punishment is imprisonment up to 6 months or
fine or both.
4) Liability of owner, occupier, etc. (S. 193)-
Whenever any unlawful assembly or riot takes place and if a landowner or
their agent knows that such an event is taking place or is likely to happen, they are duty-
bound to immediately inform the nearest police station and use all lawful means to prevent
or suppress the disturbance. Failure to do so, or allowing a riot to occur for their own benefit
without attempting to stop it, makes them liable to a fine of up to one thousand rupees,
emphasizing the principle that property holders must actively cooperate with the state to
maintain public tranquility.
5) Distinction between ‘Rioting’ (S.191) and ‘Unlawful Assembly’
(S.189):-
A ‘riot’ is an unlawful assembly in a particular state of activity in which the
use of force or violence accompanies the activity. Thus, the use of force
distinguishes rioting from unlawful assembly. In other words, unlawful assembly
is a genus of which rioting is a species.
Facts: - In this case, Several Hindus (More than five) acting in concert
forcibly removed two cows and an ox from the possession of a Mohammedan
person. They did this to prevent the killing of cows.
Held: - The accused were held guilty of rioting.
III] AFFRAY (Ss. 194):-
Public peace may also be disturbed by fighting in a public place. When-
1) two or more persons,
2) by fighting in a public place,
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1892 15 ALL 22.
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3) disturb the public peace.
-they commit an affray.
It is punishable with imprisonment up to one month, a fine up to Rs.1000, or with
both.
Facts: Two brothers were quarrelling and abusing each other on a public
road, which resulted in a large crowd gathering and temporarily suspended traffic.
Held: - that, as no actual fight took place, no affray was committed.
IV. Promoting enmity between different groups (S. 196)-
S. 196 is an important provision aimed at preserving social harmony and public
order in India. It directly replaces Section 153A of the Indian Penal Code (IPC). While
the fundamental objective remains to penalise the promotion of enmity between different
groups, the BNS version has been modernized to include digital platforms and consolidated
for better enforcement.
1. Promoting enmity between different groups (S. 196 (1)-
An offence is committed under this section if a person engages in the following
activities:
a. Promoting Enmity-
Promoting or attempting to promote feelings of enmity, hatred, or ill-will between
different groups on grounds of religion, race, place of birth, residence, language, caste, or
community.
b. Prejudicial Acts-
Committing any act that is prejudicial to the maintenance of harmony between these
groups and which disturbs (or is likely to disturb) public tranquillity.
c. Organised Drills-
Organising or participating in any exercise, movement, or drill with the intent or
knowledge that participants will be trained to use criminal force or violence against any
religious, racial, or linguistic group.
2) Punishments (S. 196 (2))-
Anybody committing any of the above offences shall be punishable with
imprisonment up to 3 years or fine or both. However, if the above offence is committed in
any place of worship shall be punishable with imprisonment up to five years and a fine.
V. Imputations, assertions prejudicial to national integration (S. 197)-
Sub-section (1) of S. 197 identifies four specific ways a person can commit an offence
against national integration:
(a) Questioning Allegiance-
Making or publishing any claim that a group of persons cannot, because of their
6
(1937) O.W.N. 37
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religion, race, language, caste, or community, bear true faith and allegiance to the
Constitution of India or uphold the sovereignty and integrity of India.
(b) Denying Rights-
Asserting or propagating that a group of people should be denied or deprived of
their rights as citizens of India because of their community identity.
(c) Inciting Disharmony-
Making appeals or assertions concerning the "obligations" of any class of persons
that are likely to cause disharmony, enmity, or hatred between them and other persons.
(d) False/Misleading Information-
Making or publishing false or misleading information that jeopardises the
sovereignty, unity, integrity, or security of India.
Sub-section (2) of S. 197 provides punishment of imprisonment up to 3 years or fine
or both to him who does any of the above offences. However, if the above offences is
committed at a place of worship, the punishment of imprisonment increases up to 5 years
and a fine.
VI. Conclusion-
In conclusion, the provisions of the Bharatiya Nyaya Sanhita (BNS), 2023
concerning offences against public tranquillity mark a transformative shift from a colonial-
era deterrent model to a modern, reformative, and digitally-aware legal framework. By
consolidating scattered IPC sections into a cohesive Chapter XI (Sections 189 to 197), the
BNS has streamlined the prosecution of unlawful assembly and rioting while introducing
harsher penalties for armed violence to curb mob-driven unrest. Notably, the inclusion of
"electronic communication" as a tool for incitement and the creation of new offences
against national integration address the contemporary challenges of fake news and digital
radicalization
*****
References-
1. By Adv. Jayprakash Somani.
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in=https%3A%2F%2Fgemini.google.com&source_ve_path=MjM4NTE
2. “Chapter XI- Of offences Against the Public Tranquillity” ://devgan.in/bns/chapter_11.php
3. “Bharatiya Nyaya Sanhita, 2023” A Commentary by J.K. Verma, EBC publication.
5.” Offences against Public Tranquility under BNS Act 2023”
question-answers-smart-solutions/offences-against-public-tranquility-and-defamation-nuisance-
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