Indian Criminal Law | Public Tranquillity

IPC Section 145 and BNS Section 189(3): Unlawful Assembly After an Order to Disperse

Joining or remaining in an unlawful assembly despite knowing that it has been lawfully ordered to disperse is punishable under Indian criminal law. The former IPC Section 145 corresponds to Section 189(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Current law: The BNS came into force on 1 July 2024. Section 189(3) is the corresponding provision for offences governed by the new law. The IPC remains relevant to conduct occurring before commencement, subject to applicable saving and transitional provisions.

What did Section 145 of the Indian Penal Code provide?

Section 145 of the Indian Penal Code, 1860 punished a person who joined or continued in an unlawful assembly, knowing that the assembly had been commanded to disperse in the manner prescribed by law. The maximum punishment was imprisonment of either description for two years, or a fine, or both.

Current provision: Section 189(3) of the BNS

Section 189(3) of the Bharatiya Nyaya Sanhita, 2023 provides that a person who joins or continues in an unlawful assembly, knowing that it has been commanded to disperse in the legally prescribed manner, may be punished with imprisonment of either description for a term extending to two years, or with fine, or with both.

Meaning of an unlawful assembly under Section 189(1)

Under BNS Section 189(1), an assembly of five or more persons becomes an unlawful assembly if its common object falls within any of the statutory categories, including:

Overawing the Government, a legislature or a public servant by criminal force or its show.
Resisting the execution of law or legal process.
Committing mischief, criminal trespass or another offence.
Using criminal force or its show to obtain property or interfere with specified rights.
Using criminal force or its show to compel a person to do something they are not legally bound to do, or to refrain from something they are legally entitled to do.

An initially lawful gathering may subsequently become unlawful if its common object changes.

Essential ingredients of the offence

Unlawful assembly: The gathering satisfies the statutory definition, including the requirement of at least five persons and a prohibited common object.
Lawful dispersal command: The assembly has been ordered to disperse in the manner prescribed by law.
Knowledge: The accused knew of the dispersal command.
Joining or continuing: Despite that knowledge, the accused joined or remained in the unlawful assembly.

Whether the required knowledge and continued participation are established depends on the evidence. Mere presence near a gathering, without proof of the statutory ingredients, does not automatically establish this offence.

Punishment under IPC Section 145 and BNS Section 189(3)

Provision	Offence	Maximum punishment
IPC Section 145 (former law)	Joining or continuing in an unlawful assembly knowing it has been ordered to disperse	Imprisonment of either description up to 2 years, or fine, or both
BNS Section 189(3) (current corresponding law)	Same essential conduct	Imprisonment of either description up to 2 years, or fine, or both

Difference between Sections 189(3) and 189(5) BNS

Section 189(3) concerns an unlawful assembly ordered to disperse and carries a maximum two-year imprisonment term. Section 189(5) concerns knowingly joining or continuing in an assembly of five or more persons likely to disturb public peace after a lawful dispersal order, with punishment up to six months, or fine, or both. Where the gathering is an unlawful assembly within Section 189(1), the explanation to Section 189(5) directs punishment under Section 189(3).

Illustrative example

Suppose a group of six persons gathers with a common object of forcibly obstructing the execution of lawful process. A competent authority lawfully orders the assembly to disperse. A participant who knows of that order but deliberately remains may attract Section 189(3), subject to proof of all the required facts.

Related legal provisions

BNS Section 189(1): Definition of unlawful assembly (formerly IPC Section 141).
BNS Section 189(2): Knowing membership of an unlawful assembly and punishment (formerly IPC Sections 142 and 143).
BNS Section 189(4): Membership of an unlawful assembly while armed with a deadly weapon (formerly IPC Section 144).
BNS Section 190: Liability of members for offences committed in prosecution of the common object (formerly IPC Section 149).
BNS Section 191: Rioting and related punishment (formerly IPC Sections 146 to 148).

Frequently asked questions

Is IPC Section 145 still applicable?

IPC Section 145 is a provision of the former code. The corresponding current provision is BNS Section 189(3), applicable from 1 July 2024. The IPC may continue to be relevant to earlier acts and pending matters under applicable saving provisions.

Is a dispersal order necessary for this specific offence?

Yes. Knowledge of a command to disperse issued in the manner prescribed by law is a specific ingredient of IPC Section 145 and BNS Section 189(3).

Can a peaceful gathering automatically be treated as an unlawful assembly?

No. The definition requires at least five persons and a common object of the kind specified by Section 189(1). A peaceful gathering does not become unlawful merely because people have assembled.

Official statutory sources

Updated: 29 October 2026. This article provides general legal information. The applicable provision and procedure depend on the date and facts of the alleged offence.