Unlawful Assembly (Section 189 BNS)
1.An assembly of 5 or more persons is unlawful if the common object is,
a)To overawe by criminal force or show criminal force against the Central or state government ,parliament, legislature or public servants in exercise of lawful power of such public servent
b)To resist the execution of law.
c)To commit mischief, criminal trespass, or deprive a person of property/enjoyment.
d)to obtain possession of property or to deprive any person right of enjoyment by criminal force orshow of criminal force
e)To compel any person to do what they are not legally bound to do.
2.Whoever Being aware of facts that assembly is unlawful intentionally joins or continues said to be member then imprisonment upto six month or fine or with both
3.Whoever Being aware facts that assembly is unlawful assembly joins assembly which is commanded to disperse in manner prescribe by law then imprisonment upto two years or fine or with both
Whoever Use of weapon or deadly weapon which likely to cause death of member of Unlawful Assembly then imprisonment upto two years or fine or with both
Whoever knowingly disturbs the peace where unlawful assembly commanded to disperse imprisonment upto six month or fine or with both
Whoever hires,employes ,promote ,concieve any person to join unlawful assembly shall be termed as member of unlawful assembly
Whoever harbours recieves assembles in house u/s 189(6) imprisonment upto six month or fine or with both
Whoever engaged hired to assist UA imprisonment upto six month or fine or with both
U/s 189(8) engages with deadly weapon then imprisonment upto two years or fine or with both
Case Laws:
Bishambar Bhagat vs St. of Bihar: It was held that Mere presence is not sufficient; innocent presence at the place of occurrence does not make one a member of UA.
Lalji vs St. of UP: In a free fight between UA members, each individual is liable for their own acts and not vicariously liable.