189. Unlawful assembly.—
(1) An assembly of five or more persons is designated an “unlawful
assembly”, if the common object of the persons composing that assembly is—
(a) to overawe by criminal force, or show of criminal force, the Central Government or any State
Government or Parliament or the Legislature of any State, or any public servant in the exercise of the
lawful power of such public servant; or
(b) to resist the execution of any law, or of any legal process; or
(c) to commit any mischief or criminal trespass, or other offence; or
(d) by means of criminal force, or show of criminal force, to any person, to take or obtain
possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use
of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right
or supposed right; or
(e) by means of criminal force, or show of criminal force, to compel any person to do what he is
not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation.—An assembly which was not unlawful when it assembled, may subsequently become
an unlawful assembly.
(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.
(3) Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has
been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.
(4) Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of
offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(5) Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a
disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be
punished with imprisonment of either description for a term which may extend to six months, or with
fine, or with both.
Explanation.—If the assembly is an unlawful assembly within the meaning of sub-section
(1), the
offender shall be punishable under sub-section
(3).
(6) Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or
employment of any person to join or become a member of any unlawful assembly, shall be punishable as
a member of such unlawful assembly, and for any offence which may be committed by any such person
as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the
same manner as if he had been a member of such unlawful assembly, or himself had committed such
offence.
64
(7) Whoever harbours, receives or assembles, in any house or premises in his occupation or charge,
or under his control any persons knowing that such persons have been hired, engaged or employed, or are
about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be
punished with imprisonment of either description for a term which may extend to six months, or with
fine, or with both.
(8) 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 sub-section
(1), shall be punished with imprisonment of either description for
a term which may extend to six months, or with fine, or with both.
(9) Whoever, being so engaged or hired as referred to in sub-section
(8), goes armed, or engages or
offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely
to cause death, shall be punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
190. Every member of unlawful assembly guilty of offence committed in prosecution of
common object.—If an offence is committed by any member of an unlawful assembly in prosecution of
the common object of that assembly, or such as the members of that assembly knew to be likely to be
committed in prosecution of that object, every person who, at the time of the committing of that offence,
is a member of the same assembly, is guilty of that offence.
191. Rioting.—
(1) Whenever force or violence is used by an unlawful assembly, or by any member
thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty
of the offence of rioting.
(2) Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
(3) Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a
weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for
a term which may extend to five years, or with fine, or with both.
192. Wantonly giving provocation with intent to cause riot-if rioting be committed; if not
committed.—Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to
any person intending or knowing it to be likely that such provocation will cause the offence of rioting to
be committed, shall, if the offence of rioting be committed in consequence of such provocation, be
punished with imprisonment of either description for a term which may extend to one year, or with fine,
or with both; and if the offence of rioting be not committed, with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.
193. Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes
place.—
(1) Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon
which such unlawful assembly is held, or such riot is committed, and any person having or claiming an
interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent
or manager, knowing that such offence is being or has been committed, or having reason to believe it is
likely to be committed, do not give the earliest notice thereof in his or their power to the officer in charge
at the nearest police station, and do not, in the case of his or their having reason to believe that it was
about to be committed, use all lawful means in his or their power to prevent it and, in the event of its
taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful
assembly.
(2) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or
occupier of any land respecting which such riot takes place or who claims any interest in such land, or in
the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit
therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to
believe that such riot was likely to be committed or that the unlawful assembly by which such riot was
committed was likely to be held, shall not respectively use all lawful means in his or their power to
prevent such assembly or riot from taking place, and for suppressing and dispersing the same.
65
(3) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or
occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in
the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit
therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager,
having reason to believe that such riot was likely to be committed, or that the unlawful assembly by
which such riot was committed was likely to be held, shall not use all lawful means in his power to
prevent such riot or assembly from taking place and for suppressing and dispersing the same.
194. Affray.—
(1) When two or more persons, by fighting in a public place, disturb the public peace,
they are said to commit an affray.
(2) Whoever commits an affray, shall be punished with imprisonment of either description for a term
which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
195. Assaulting or obstructing public servant when suppressing riot, etc.—
(1) Whoever assaults
or obstructs any public servant or uses criminal force on any public servant in the discharge of his duty as
such public servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray,
shall be punished with imprisonment of either description for a term which may extend to three years, or
with fine which shall not be less than twenty-five thousand rupees, or with both.
(2) Whoever threatens to assault or attempts to obstruct any public servant or threatens or attempts to
use criminal force to any public servant in the discharge of his duty as such public servant in
endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine, or with both.
196. Promoting enmity between different groups on grounds of religion, race, place of birth,
residence, language, etc., and doing acts prejudicial to maintenance of harmony.—
(1) Whoever—
(a) by words, either spoken or written, or by signs or by visible representations or through
electronic communication or otherwise, promotes or attempts to promote, on grounds of religion,
race, place of birth, residence, language, caste or community or any other ground whatsoever,
disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or
regional groups or castes or communities; or
(b) commits any act which is prejudicial to the maintenance of harmony between different
religious, racial, language or regional groups or castes or communities, and which disturbs or is likely
to disturb the public tranquillity; or
(c) organises any exercise, movement, drill or other similar activity intending that the participants
in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that
the participants in such activity will use or be trained to use criminal force or violence, or participates
in such activity intending to use or be trained to use criminal force or violence or knowing it to be
likely that the participants in such activity will use or be trained to use criminal force or violence,
against any religious, racial, language or regional group or caste or community and such activity for
any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst
members of such religious, racial, language or regional group or caste or community,
shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(2) Whoever commits an offence specified in sub-section
(1) in any place of worship or in any
assembly engaged in the performance of religious worship or religious ceremonies, shall be punished
with imprisonment which may extend to five years and shall also be liable to fine.
197. Imputations, assertions prejudicial to national integration.—
(1) Whoever, by words either
spoken or written or by signs or by visible representations or through electronic communication or
otherwise,—
(a) makes or publishes any imputation that any class of persons cannot, by reason of their being
members of any religious, racial, language or regional group or caste or community, bear true faith
and allegiance to the Constitution of India as by law established or uphold the sovereignty and
integrity of India; or
66
(b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of
their being members of any religious, racial, language or regional group or caste or community, be
denied, or deprived of their rights as citizens of India; or
(c) makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any
class of persons, by reason of their being members of any religious, racial, language or regional
group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause
disharmony or feelings of enmity or hatred or ill-will between such members and other persons; or
(d) makes or publishes false or misleading information, jeopardising the sovereignty, unity and
integrity or security of India,
shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(2) Whoever commits an offence specified in sub-section
(1) in any place of worship or in any
assembly engaged in the performance of religious worship or religious ceremonies, shall be punished
with imprisonment which may extend to five years and shall also be liable to fine.
CHAPTER XII
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
198. Public servant disobeying law, with intent to cause injury to any person.—Whoever, being a
public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct
himself as such public servant, intending to cause, or knowing it to be likely that he will by such
disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which
may extend to one year, or with fine, or with both.
Illustration.
A, being an officer directed by law to take property in execution, in order to satisfy a decree
pronounced in Z’s favour by a Court, knowingly disobeys that direction of law, with the knowledge that
he is likely thereby to cause injury to Z. A has committed the offence defined in this section.
199. Public servant disobeying direction under law.—Whoever, being a public servant,—
(a) knowingly disobeys any direction of the law which prohibits him from requiring the
attendance at any place of any person for the purpose of investigation into an offence or any other
matter; or
(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating
the manner in which he shall conduct such investigation; or
(c) fails to record any information given to him under sub-section
(1) of section 173 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under
section 64, section 65, section 66, section 67, section 68, section 70, section 71, section 74,
section 76, section 77, section 79, section 124, section 143 or section 144,
shall be punished with rigorous imprisonment for a term which shall not be less than six months but
which may extend to two years, and shall also be liable to fine.
200. Punishment for non-treatment of victim.—Whoever, being in charge of a hospital, public or
private, whether run by the Central Government, the State Government, local bodies or any other person,
contravenes the provisions of section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be
punished with imprisonment for a term which may extend to one year, or with fine, or with both.
201. Public servant framing an incorrect document with intent to cause injury.—Whoever,
being a public servant, and being, as such public servant, charged with the preparation or translation of
any document or electronic record, frames, prepares or translates that document or electronic record in a
manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely
that he may thereby cause injury to any person, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both.
67
202. Public servant unlawfully engaging in trade.—Whoever, being a public servant, and being
legally bound as such public servant not to engage in trade, engages in trade, shall be punished with
simple imprisonment for a term which may extend to one year, or with fine, or with both or with
community service.
203. Public servant unlawfully buying or bidding for property.—Whoever, being a public
servant, and being legally bound as such public servant, not to purchase or bid for certain property,
purchases or bids for that property, either in his own name or in the name of another, or jointly, or in
shares with others, shall be punished with simple imprisonment for a term which may extend to two
years, or with fine, or with both; and the property, if purchased, shall be confiscated.
204. Personating a public servant.—Whoever pretends to hold any particular office as a public
servant, knowing that he does not hold such office or falsely personates any other person holding such
office, and in such assumed character does or attempts to do any act under colour of such office, shall be
punished with imprisonment of either description for a term which shall not be less than six months but
which may extend to three years and with fine.
205. Wearing garb or carrying token used by public servant with fraudulent intent.—Whoever,
not belonging to a certain class of public servants, wears any garb or carries any token resembling any
garb or token used by that class of public servants, with the intention that it may be believed, or with the
knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be
punished with imprisonment of either description for a term which may extend to three months, or with
fine which may extend to five thousand rupees, or with both.
CHAPTER XIII
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
206. Absconding to avoid service of summons or other proceeding.—Whoever absconds in order
to avoid being served with a summons, notice or order proceeding from any public servant legally
competent, as such public servant, to issue such summons, notice or order,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five thousand rupees, or with both;
(b) where such summons or notice or order is to attend in person or by agent, or to produce a
document or an electronic record in a Court shall be punished with simple imprisonment for a term
which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.
207. Preventing service of summons or other proceeding, or preventing publication thereof.—
Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any
summons, notice or order proceeding from any public servant legally competent, as such public servant,
to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any
such summons, notice or order or intentionally removes any such summons, notice or order from any
place to which it is lawfully affixed or intentionally prevents the lawful making of any proclamation,
under the authority of any public servant legally competent, as such public servant, to direct such
proclamation to be made,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five thousand rupees, or with both;
(b) where the summons, notice, order or proclamation is to attend in person or by agent, or to
produce a document or electronic record in a Court, with simple imprisonment for a term which may
extend to six months, or with fine which may extend to ten thousand rupees, or with both.
208. Non-attendance in obedience to an order from public servant.—Whoever, being legally
bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice,
order, or proclamation proceeding from any public servant legally competent, as such public servant, to
issue the same, intentionally omits to attend at that place or time or departs from the place where he is
bound to attend before the time at which it is lawful for him to depart,—
68
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five thousand rupees, or with both;
(b) where the summons, notice, order or proclamation is to attend in person or by agent in a
Court with simple imprisonment for a term which may extend to six months, or with fine which may
extend to ten thousand rupees, or with both.
Illustrations.
(a) A, being legally bound to appear before a High Court, in obedience to a subpoena issuing from
that Court, intentionally omits to appear. A has committed the offence defined in this section.
(b) A, being legally bound to appear before a District Judge, as a witness, in obedience to a summons
issued by that District Judge intentionally omits to appear. A has committed the offence defined in this
section.
209. Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik
Suraksha Sanhita, 2023.—Whoever fails to appear at the specified place and the specified time as
required by a proclamation published under sub-section
(1) of section 84 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to three years,
or with fine, or with both, or with community service, and where a declaration has been made under
sub-section
(4) of that section pronouncing him as a proclaimed offender, he shall be punished with
imprisonment for a term which may extend to seven years and shall also be liable to fine.
210. Omission to produce document or electronic record to public servant by person legally
bound to produce it.—Whoever, being legally bound to produce or deliver up any document or
electronic record to any public servant, as such, intentionally omits so to produce or deliver up the
same,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five thousand rupees, or with both;
(b) and where the document or electronic record is to be produced or delivered up to a Court with
simple imprisonment for a term which may extend to six months, or with fine which may extend to
ten thousand rupees, or with both.
Illustration.
A, being legally bound to produce a document before a District Court, intentionally omits to produce
the same. A has committed the offence defined in this section.
211. Omission to give notice or information to public servant by person legally bound to give
it.—Whoever, being legally bound to give any notice or to furnish information on any subject to any
public servant, as such, intentionally omits to give such notice or to furnish such information in the
manner and at the time required by law,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five thousand rupees, or with both;
(b) where the notice or information required to be given respects the commission of an offence,
or is required for the purpose of preventing the commission of an offence, or in order to the
apprehension of an offender, with simple imprisonment for a term which may extend to six months,
or with fine which may extend to ten thousand rupees, or with both;
(c) where the notice or information required to be given is required by an order passed
under section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with imprisonment of either
description for a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
212. Furnishing false information.—Whoever, being legally bound to furnish information on any
subject to any public servant, as such, furnishes, as true, information on the subject which he knows or
has reason to believe to be false,—
69
(a) shall be punished with simple imprisonment for a term which may extend to six months, or
with fine which may extend to five thousand rupees, or with both;
(b) where the information which he is legally bound to give respects the commission of an
offence, or is required for the purpose of preventing the commission of an offence, or in order to the
apprehension of an offender, with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
Illustrations.
(a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully
misinforms the Magistrate of the district that the death has occurred by accident in consequence of the
bite of a snake. A is guilty of the offence defined in this section.
(b) A, a village watchman, knowing that a considerable body of strangers has passed through his
village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring
place, and being legally bound to give early and punctual information of the above fact to the officer of
the nearest police station, wilfully misinforms the police officer that a body of suspicious characters
passed through the village with a view to commit dacoity in a certain distant place in a different direction.
Here A is guilty of the offence defined in this section.
Explanation.—In section 211 and in this section the word “offence” include any act committed at any
place out of India, which, if committed in India, would be punishable under any of the following sections,
namely, 103, 105, 307, sub-sections
(2),
(3) and
(4) of section 309, sub-sections
(2),
(3),
(4) and
(5) of
section 310, 311, 312, clauses
(f) and
(g) of section 326, sub-sections
(4),
(6),
(7) and
(8) of section 331,
clauses
(a) and
(b) of section 332 and the word “offender” includes any person who is alleged to have
been guilty of any such act.
213. Refusing oath or affirmation when duly required by public servant to make it.—Whoever
refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a
public servant legally competent to require that he shall so bind himself, shall be punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend to five thousand
rupees, or with both.
214. Refusing to answer public servant authorised to question.—Whoever, being legally bound to
state the truth on any subject to any public servant, refuses to answer any question demanded of him
touching that subject by such public servant in the exercise of the legal powers of such public servant,
shall be punished with simple imprisonment for a term which may extend to six months, or with fine
which may extend to five thousand rupees, or with both.
215. Refusing to sign statement.—Whoever refuses to sign any statement made by him, when
required to sign that statement by a public servant legally competent to require that he shall sign that
statement, shall be punished with simple imprisonment for a term which may extend to three months, or
with fine which may extend to three thousand rupees, or with both.
216. False statement on oath or affirmation to public servant or person authorised to
administer an oath or affirmation.—Whoever, being legally bound by an oath or affirmation to state
the truth on any subject to any public servant or other person authorised by law to administer such oath or
affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any
statement which is false, and which he either knows or believes to be false or does not believe to be true,
shall be punished with imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.
217. False information, with intent to cause public servant to use his lawful power to injury of
another person—Whoever gives to any public servant any information which he knows or believes to be
false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public
servant—
(a) to do or omit anything which such public servant ought not to do or omit if the true state of
facts respecting which such information is given were known by him; or
70
(b) to use the lawful power of such public servant to the injury or annoyance of any person,
shall be punished with imprisonmen
