Unlawful Assembly under Bharatiya Nyaya Sanhita (BNS), 2023: Meaning, Ingredients and Legal Consequences
By Advocate Avichal Pandey, Allahabad High Court
The concept of “Unlawful Assembly” is one of the most important principles in criminal law dealing with public order, collective violence, and group offences. Under the Bharatiya Nyaya Sanhita (BNS), 2023, the law relating to unlawful assembly continues to play a significant role in maintaining peace and preventing mob-related crimes.
Section 189 of the Bharatiya Nyaya Sanhita defines unlawful assembly and explains the liability of persons participating in such assemblies. The provision recognizes that when individuals gather together with a criminal or illegal objective, the actions of one member may create criminal liability for all members involved.
What is an Unlawful Assembly?
An unlawful assembly refers to an assembly of five or more persons having a “common object” to commit certain prohibited acts. Merely gathering in a group is not illegal; however, when the intention of the group becomes unlawful, the assembly attracts criminal liability under the law.
The essential requirement is the presence of:-
●Five or more persons, and
●A common unlawful object shared by the members.
Essential Ingredients of Unlawful Assembly
1. Assembly of Five or More Persons
For an assembly to become unlawful, there must be at least five persons involved. If the number falls below five, the offence of unlawful assembly generally cannot be sustained unless other offences are independently made out.
2. Common Object
The common object of the assembly determines whether it is unlawful. The law identifies several unlawful objectives, including:
(a) Overawing the Government or Public Servants
If a group gathers to intimidate or use criminal force against the Government or public officials while they are performing official duties, such assembly becomes unlawful.
(b) Resisting Execution of Law
Any assembly formed to obstruct legal procedures, prevent lawful arrests, or interfere with execution of court orders may fall within the ambit of unlawful assembly.
(c) Committing Offences
Where the common object of the group is to commit offences such as criminal trespass, mischief, assault, or any other punishable act, the assembly becomes unlawful.
(d) Depriving a Person of Property or Rights
If a group attempts to dispossess a person from property or interfere with lawful rights through force or intimidation, the law treats such conduct seriously.
(e) Compelling a Person by Criminal Force
An assembly intended to compel a person to do something against their will, or to prevent them from exercising a lawful right, may also amount to unlawful assembly.
Membership of an Unlawful Assembly
A person becomes a member of an unlawful assembly when:-
●He or she knowingly joins the assembly, and
●Is aware of the unlawful common object of the group.
Even passive participation may sometimes attract criminal liability if the person intentionally continues to remain part of the unlawful assembly.
Principle of Collective Liability
One of the most important features of unlawful assembly law is the principle of collective or vicarious liability.
If an offence is committed by any member of the unlawful assembly in furtherance of the common object, every member of that assembly may be held liable for that offence.
For example, if members of an unlawful assembly attack a person and one member causes grievous injuries, other members may also face criminal prosecution if the act was connected with the common object of the assembly.
This principle aims to discourage mob mentality and group violence.
Rioting under BNS
When force or violence is used by an unlawful assembly or by any member thereof in prosecution of the common object, the offence of rioting is committed.
Rioting is treated as a serious offence because it disturbs public peace and may endanger life and property. The use of weapons, destruction of public property, and violent clashes can lead to enhanced punishment under criminal law.
Difference Between Lawful Protest and Unlawful Assembly
It is important to understand that every gathering or protest is not unlawful. Citizens have constitutional rights to peaceful assembly and freedom of expression.
However, when a gathering:-
●Turns violent,
●Uses criminal force,
●Intimidates authorities,
●Damages property, or
●Pursues illegal objectives,
it may lose constitutional protection and become an unlawful assembly under criminal law.
Judicial Approach
Indian courts have consistently held that mere presence at the scene is not always sufficient to establish guilt.
The prosecution must prove:-
●Existence of a common object,
●Knowledge of the unlawful purpose, and
●Participation or intentional presence in the assembly.
Courts carefully examine the facts and conduct of each accused before imposing liability.
Conclusion
The provisions relating to unlawful assembly under the Bharatiya Nyaya Sanhita, 2023 are designed to preserve public order and prevent collective violence. The law recognizes that offences committed by groups can pose serious threats to society and therefore imposes strict liability on participants sharing a common unlawful object.
At the same time, the law also balances constitutional freedoms by protecting peaceful and lawful assemblies. Understanding the distinction between lawful protest and unlawful conduct is essential for every citizen.
The concept of unlawful assembly highlights the principle that collective action carries collective responsibility when the object of the group becomes illegal.
By Avichal Pandey
Advocate
Allahabad High Court
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