IPC Section 144: Joining an Unlawful Assembly Armed with a Deadly Weapon

Section 144 of the Indian Penal Code, 1860 addressed membership of an unlawful assembly while armed with a deadly weapon or an object likely to cause death if used offensively. The corresponding current provision is Section 189(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

What did IPC Section 144 provide?

Under IPC Section 144, a person who was a member of an unlawful assembly while armed with a deadly weapon, or with anything that was likely to cause death when used as a weapon of offence, could be punished with imprisonment of either description for up to two years, or a fine, or both.

Corresponding law: BNS Section 189(4)

Section 189(4) of the BNS substantially retains this rule: membership of an unlawful assembly while armed with a deadly weapon, or another object likely to cause death if used as a weapon, is punishable by imprisonment of either description for up to two years, a fine, or both.

Meaning of an unlawful assembly

Under BNS Section 189(1) (corresponding to IPC Section 141), an assembly of five or more persons becomes unlawful when its common object falls within the prohibited purposes set out in the law. These include using criminal force to overawe public authorities, resisting legal process, committing an offence, forcibly interfering with property or rights, or compelling a person by criminal force to act or refrain from acting. A gathering may become unlawful after it has assembled.

Essential ingredients of the offence

1. Unlawful assembly: There must be an assembly meeting the statutory requirements, including the necessary common object.
2. Membership: The accused must be shown to have been a member of that unlawful assembly; mere presence nearby is not automatically sufficient.
3. Weapon: The accused must have been armed with a deadly weapon or an object which, used offensively, was likely to cause death.
4. Proof: The prosecution must establish the relevant facts beyond reasonable doubt, based on the evidence and circumstances.

Punishment and classification

The offence classification is based on the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. Other charges arising from the same incident may have different classifications or penalties.

Illustrative example

Suppose six persons gather with the common object of forcibly taking possession of another person's land. One member carries a sword. If the statutory requirements are established, that armed member may be liable under BNS Section 189(4), even if the weapon was not actually used. The facts must establish the unlawful assembly and the person's membership.

Difference between membership and rioting

Membership of an unlawful assembly while armed is addressed by BNS Section 189(4). Rioting under BNS Section 191 involves force or violence used by an unlawful assembly, or a member of it, in prosecution of the common object. Armed rioting carries a separate punishment under BNS Section 191(3). An allegation of armed membership does not, by itself, prove that rioting occurred.

Frequently asked questions

Is IPC Section 144 still the provision for new offences?

No. For conduct after commencement of the BNS on 1 July 2024, the corresponding provision is BNS Section 189(4), subject to applicable legal and transitional provisions.

Is actual use of the weapon necessary?

No. The provision addresses being armed while a member of an unlawful assembly; actual use of the weapon is not an express requirement of Section 189(4).

Is the offence bailable?

Yes. The offence under BNS Section 189(4) is classified as cognizable and bailable, and triable by any Magistrate.

Official legal sources

• Bharatiya Nyaya Sanhita, 2023 - official India Code text
• BNS Act details - India Code
• NCRB correspondence table: IPC and BNS sections
• Bureau of Police Research and Development - IPC/BNS comparison

Information updated 29 October 2026. This article provides general legal information; application depends on the facts, applicable law and judicial interpretation.