IPC 142 vs BNS 142
● Retained in BNSBeing member of unlawful assembly
Section 142 of the Indian Penal Code, 1860, deals with the liability of a person who joins or continues to be part of an unlawful assembly. A person is considered a member of an unlawful assembly if they:
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Know the assembly is unlawful, or
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Intentionally remain in it despite its unlawful nature.
This section ensures that mere presence in an unlawful assembly with knowledge of its object makes a person liable, even if they do not actively commit violence.
For example, if someone joins a group intending to forcibly occupy private land, that individual becomes a member of an unlawful assembly under IPC 142. The law discourages people from participating in mobs or crowds that threaten peace and order.
Thus, IPC 142 helps the State control group crimes and mob behavior by holding each participant accountable, not just the leaders or active offenders.
Being member of unlawful assembly
Section 142 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 142 by defining the liability of members of unlawful assemblies. A person is said to be a member of such assembly if:
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They intentionally join knowing its unlawful nature, or
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They remain in the assembly after realizing its unlawful object.
This provision ensures that all participants in unlawful assemblies share responsibility, not just those who commit direct acts of violence.
For instance, if a person knowingly joins a mob protesting with the intention to resist police authority, they become a member of an unlawful assembly under BNS 142.
The law strengthens accountability by ensuring that membership itself is punishable, thereby preventing the spread of collective criminal behavior. BNS 142 continues IPC 142’s principle without change, ensuring legal continuity.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 142 to BNS BNS 142.