IPC 143 vs BNS 143
● Retained in BNSPunishment for being member of unlawful assembly
Section 143 of the Indian Penal Code, 1860, provides the punishment for being a member of an unlawful assembly. It complements IPC 141 and 142, which define and establish liability for unlawful assemblies.
Under IPC 143:
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Any person who is a member of an unlawful assembly is punishable,
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The punishment includes imprisonment up to 6 months, or fine, or both,
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Liability arises even if the person did not actively commit violence, as mere membership is an offense.
For example, if a person knowingly joins a mob that gathers to resist police action, they can be punished under IPC 143, even if they did not personally engage in violence.
The section serves as a deterrent against mob behavior, riots, and unlawful gatherings by ensuring collective accountability. It strengthens public safety by discouraging people from participating in unlawful assemblies.
Punishment for being member of unlawful assembly
Section 143 of the Bharatiya Nyaya Sanhita, 2023, retains the same principle as IPC 143, prescribing punishment for being a member of an unlawful assembly.
Under BNS 143:
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Any person who knowingly joins or remains part of an unlawful assembly is liable,
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The punishment remains imprisonment up to 6 months, or fine, or both,
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Membership itself constitutes the offense, regardless of active participation in violence.
For instance, if an individual joins a crowd that unlawfully blocks roads to resist lawful authority, they are punishable under BNS 143, even if they were only present and not violent.
This section reinforces the importance of public order and collective accountability, preventing unlawful assemblies from escalating into riots or crimes. BNS 143 ensures continuity with IPC 143, maintaining clarity for enforcement agencies.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 143 to BNS BNS 143.