(2) Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly and such member shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
IPC Section 142 in BNS: Section 189(2)
Being a member of an unlawful assembly
Section 142 of the Indian Penal Code, 1860 (Being a member of an unlawful assembly) corresponds to Section 189(2) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 189(2) is cognizable, bailable, triable by Any Magistrate; punishment: Imprisonment for 6 months, or fine, or both.
Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 189(2) | Being member of an unlawful assembly. | Imprisonment for 6 months, or fine, or both. | Cognizable | Bailable | Any Magistrate |
Source: BNSS, 2023, First Schedule, Part I.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 189(2)
Full BNS Section 189 and every IPC section it replaced →
Other IPC sections now in BNS 189
- IPC 141: Unlawful assembly → BNS 189
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