Indian criminal law | Updated 29 October 2026
IPC Section 158: Being Hired for an Unlawful Assembly or Riot - BNS Section 189(8) and (9)
Section 158 of the Indian Penal Code, 1860, addressed people hired or engaged, or offering or attempting to be hired or engaged, to participate in an unlawful assembly. It also imposed a higher penalty on hired persons who go armed, or engage or offer to go armed, with a deadly weapon. The corresponding provisions under the Bharatiya Nyaya Sanhita, 2023 (BNS) are Sections 189(8) and 189(9).
Meaning and scope of former IPC Section 158
The first part of IPC Section 158 punished a person who was engaged or hired, or who offered or attempted to be hired or engaged, to do or assist in doing any of the acts specified in IPC Section 141, which defined an unlawful assembly. The prescribed punishment was imprisonment of either description for a term extending to six months, or fine, or both.
The second part, traditionally introduced by the marginal phrase "or to go armed", applied where a person so engaged or hired went armed, or engaged or offered to go armed, with a deadly weapon or an object likely to cause death if used as a weapon of offence. The prescribed punishment was imprisonment of either description for up to two years, or fine, or both.
Thus, the earlier section addressed both the basic hired-participant conduct and the more serious armed variant. The current BNS separates those two rules into distinct subsections.
Current law: BNS Section 189(8) and Section 189(9)
Section 189(8): Being hired or offering to be hired
Section 189(8) applies to whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in Section 189(1). This subsection defines the kinds of common objects that make an assembly of five or more persons unlawful.
Section 189(9): Going armed or offering to go armed
Section 189(9) applies to a person engaged or hired as referred to in Section 189(8) who goes armed, or engages or offers to go armed, with a deadly weapon or anything that, if used as a weapon of offence, is likely to cause death. It carries the higher punishment.
What is an unlawful assembly under BNS Section 189(1)?
An assembly of five or more persons is an unlawful assembly where its common object falls within the statutory categories, including:
- Overawing the Central or a State Government, Parliament, a State Legislature or a public servant by criminal force or its show.
- Resisting execution of a law or legal process.
- Committing mischief, criminal trespass or another offence.
- Using or threatening criminal force to obtain possession of property, interfere with specified rights or enforce a claimed right.
- Using or threatening criminal force to compel a person to act against a legal entitlement or obligation.
An assembly lawful when formed may subsequently become unlawful. Merely attending a peaceful gathering is not, without the necessary statutory facts, the same as agreeing to be hired for an unlawful common object.
Essential ingredients of the offence
- Hiring or engagement: The accused was hired, engaged, offered or attempted to be hired or engaged to do or assist in a prohibited act.
- Specified unlawful purpose: The conduct related to one of the objects described in BNS Section 189(1), not merely participation in an ordinary lawful event.
- Relevant intention and circumstances: The agreement, communication, conduct and surrounding evidence must connect the person with the specified unlawful purpose.
- Armed aggravation, where alleged: For Section 189(9), the person went armed or engaged or offered to go armed with the weapon described in that subsection.
Whether an object is a deadly weapon, or is likely to cause death when used offensively, depends on its nature and the circumstances. The prosecution must establish the relevant statutory elements beyond reasonable doubt.
Punishment, bail and trial
| Provision | Conduct | Punishment | BNSS classification |
|---|---|---|---|
| Former IPC 158, first part / BNS 189(8) | Being hired, engaged, or offering or attempting to be hired for the specified unlawful acts | Up to six months' imprisonment, or fine, or both | Cognizable; bailable; triable by any Magistrate |
| Former IPC 158, armed part / BNS 189(9) | Going armed, engaging or offering to go armed with a qualifying deadly weapon | Up to two years' imprisonment, or fine, or both | Cognizable; bailable; triable by any Magistrate |
The procedural classifications above reflect the central First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Check any applicable state amendments and other offences alleged in a particular case.
Practical illustrations
Example 1: Paid recruitment for unlawful force
A person accepts payment to help a group of at least five people forcibly prevent execution of a lawful court order. Depending on the evidence, hiring or engagement for the specified unlawful common object may attract BNS Section 189(8).
Example 2: Offering to join while armed
A person offers to be hired to join an unlawful assembly and to bring a deadly weapon. If the statutory elements are proved, BNS Section 189(9) may apply even though the offer has not yet resulted in actual violence.
Example 3: Lawful public gathering
Someone is paid to assist with crowd management at a peaceful, lawful event. Payment alone does not establish Section 189(8); the required connection to a prohibited common object must be shown.
Related IPC and BNS provisions
- IPC 141 / BNS 189(1): Definition of unlawful assembly.
- IPC 150 / BNS 189(6): Hiring or engaging others to join an unlawful assembly.
- IPC 157 / BNS 189(7): Harbouring persons hired for an unlawful assembly.
- IPC 158 / BNS 189(8)-(9): Being hired or engaged and the armed variant.
- BNS 190: Responsibility for an offence committed by a member in prosecution of the common object, subject to its statutory requirements.
- BNS 191: Rioting and its punishment.
Does IPC Section 158 still apply?
The BNS replaced the IPC with effect from 1 July 2024. For conduct occurring before that date, the former IPC and applicable savings and transitional provisions may remain relevant. Conduct governed by the new law should be analysed under BNS Sections 189(8) and 189(9). The relevant date, allegations and procedural stage matter.
Frequently asked questions
What is IPC Section 158?
It punished being hired, engaged, or offering or attempting to be hired or engaged to participate in acts constituting the common object of an unlawful assembly. It also provided a higher penalty for being hired to go armed with a qualifying deadly weapon.
What is the equivalent of IPC Section 158 in the BNS?
BNS Section 189(8) corresponds to the basic hired-participant offence, while Section 189(9) covers going armed or offering to go armed with a qualifying deadly weapon.
What is the punishment under BNS Section 189(8)?
Imprisonment of either description for up to six months, or a fine, or both.
What is the punishment under BNS Section 189(9)?
Imprisonment of either description for up to two years, or a fine, or both.
Is actual violence necessary to commit this offence?
Not necessarily. The statutory wording includes being hired or engaged, or offering or attempting to be hired or engaged, for the specified unlawful purpose. The armed variant also covers offering or engaging to go armed.
Are these offences bailable?
Under the central BNSS First Schedule, the offences corresponding to BNS Sections 189(8) and 189(9) are cognizable and bailable and triable by any Magistrate; applicable state amendments and case-specific facts should be checked.
Official legislation and sources
- India Code: Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) - see Section 189(1), (8) and (9).
- Official BNS statutory PDF.
- India Code - consult the Indian Penal Code, 1860, for the historical Section 158 text and the BNSS, 2023, for procedural classification.
- Bureau of Police Research and Development: BNS reference PDF.
This article provides general legal information and does not replace professional advice on a specific criminal matter.