IPC Section 153AA: Carrying Arms in Processions - Current BNS Status
Section 153AA of the Indian Penal Code, 1860 concerned carrying arms in public processions and conducting or participating in mass drills or training with arms contrary to an order under former CrPC Section 144A. It has no direct replacement in the Bharatiya Nyaya Sanhita, 2023 (BNS).
Historical text and meaning of IPC Section 153AA
Whoever knowingly carries arms in any procession or organizes or holds or takes part in any mass drill or mass training with arms in any public place in contravention of any public notice or order issued or made under section 144A of the Code of Criminal Procedure, 1973 (2 of 1974) shall be punished with imprisonment for a term which may extend to six months and with fine which may extend to two thousand rupees.
Explanation. "Arms" means articles of any description designed or adapted as weapons for offence or defence and includes firearms, sharp edged weapons, lathis, dandas and sticks.
This reproduces the substance of the historical statutory provision, introduced by the Code of Criminal Procedure (Amendment) Act, 2005 (Act 25 of 2005). The provision was tied specifically to a public notice or order under former CrPC Section 144A, rather than making all public processions or drills involving objects described as arms automatically criminal.
Essential statutory ingredients
- Knowledge: the person knowingly carried arms, organised or held the activity, or took part in it.
- Relevant activity: carrying arms in a procession, or organising, holding or taking part in a mass drill or mass training with arms.
- Public place: the conduct occurred in a public place as described by the provision.
- Specific prohibition: the activity contravened a public notice or order issued under former CrPC Section 144A.
The historical provision cannot properly be interpreted without considering the legal status and commencement of CrPC Section 144A and the applicable notice or order. Government training material states that CrPC Section 144A was not notified for operation before it was omitted from the BNSS; this materially limits any assumption that the provision was generally enforceable.
Historical punishment
| Subject | Position in the historical IPC text |
|---|---|
| Imprisonment | Up to six months |
| Fine | Up to Rs. 2,000 |
| Form of penalty | Imprisonment and fine, not an alternative of either one |
| Current BNS equivalent | None: IPC Section 153AA was not carried forward |
What changed under BNS and BNSS?
The Bharatiya Nyaya Sanhita, 2023 took effect on 1 July 2024, subject to its commencement provisions. Its Section 358 addresses repeal and savings. The official NCRB correspondence table expressly marks IPC Section 153AA as deleted, rather than assigning a new BNS number.
The former CrPC Section 144A, on which IPC Section 153AA depended, was also omitted from the BNSS, 2023. It must not be confused with BNSS Section 163, which corresponds to former CrPC Section 144 and permits urgent preventive orders within its own statutory conditions.
Any historical allegation should be assessed by reference to the law actually in force at the time of the conduct, the relevant commencement notifications, and applicable repeal-and-savings rules. The fact that a provision appeared in the IPC text does not alone establish that it was operational in a particular case.
Are restrictions on arms in public places still possible?
Yes. The absence of a direct BNS counterpart does not imply an unrestricted right to carry weapons in public or disregard lawful orders. Depending on the facts, the Arms Act, 1959, applicable rules, state police legislation, valid orders under BNSS Section 163, and other substantive criminal offences may apply. Their individual legal elements, exemptions, procedural requirements and penalties must be examined separately.
Example: If a competent authority lawfully prohibits a particular activity in an identified area, a violation may have legal consequences under the applicable current law. It should not automatically be described as an offence under repealed IPC Section 153AA.
Distinguishing related provisions
| Provision | Subject |
|---|---|
| Former IPC 153AA | Arms in processions or mass drills in contravention of a CrPC 144A notice or order; omitted from BNS |
| Former IPC 153A / BNS 196 | Promoting enmity between groups and acts prejudicial to harmony |
| BNS 189 and 191 | Unlawful assembly and rioting, where statutory conditions are satisfied |
| Former CrPC 144 / BNSS 163 | Urgent orders to prevent nuisance or apprehended danger; not the same as former CrPC 144A |
Official legislation and reference material
- India Code: official legislation repository (consult the IPC and the 2005 amending Act for historical text).
- Bharatiya Nyaya Sanhita, 2023 - official text.
- Bharatiya Nagarik Suraksha Sanhita, 2023 - official text.
- National Crime Records Bureau: IPC-to-BNS correspondence table.
- Bureau of Police Research and Development: BNSS comparison material.
Frequently asked questions
What did IPC Section 153AA cover?
It addressed knowingly carrying arms in a procession or organising, holding or participating in a mass drill or mass training with arms in a public place contrary to a notice or order under CrPC Section 144A.
What was the punishment under IPC Section 153AA?
The historical text specified imprisonment up to six months and a fine up to Rs. 2,000. It required both imprisonment and fine if the offence was established.
What is the BNS equivalent of IPC Section 153AA?
There is no direct equivalent. The official NCRB IPC-to-BNS correspondence table marks IPC Section 153AA as deleted.
Does BNS Section 153 replace IPC Section 153AA?
No. BNS Section 153 concerns waging war against the government of a foreign State at peace with India, a different subject.
Can authorities still restrict weapons in processions?
Depending on the circumstances, lawful orders under BNSS Section 163, applicable arms laws, police legislation and other relevant provisions may regulate activities. Such powers do not recreate IPC Section 153AA automatically.
Did CrPC Section 144A continue in the BNSS?
No direct counterpart of CrPC Section 144A appears in the BNSS. BNSS Section 163 corresponds instead to the former CrPC Section 144, which is a distinct power.
Legal information updated 29 October 2026. This article explains the central statutory framework; state-specific legislation and the facts of a case may change the analysis.