IPC 145 vs BNS 145
● Retained in BNSJoining or continuing in unlawful assembly, knowing it has been commanded to disperse
Section 145 of the Indian Penal Code, 1860, punishes a person who knowingly joins or continues in an unlawful assembly after it has been ordered to disperse by lawful authority.
Under IPC 145:
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If a magistrate, police officer, or other lawful authority commands an unlawful assembly to disperse,
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Any person who joins or remains in that assembly knowingly disobeys the order,
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They are punishable with imprisonment up to 2 years, or fine, or both.
For example, if a mob gathers unlawfully to block a highway, and the police order them to disperse, anyone who still stays becomes liable under IPC 145.
This section ensures that lawful authority is respected, preventing escalation of violence or riots when authorities intervene. It also empowers law enforcement to take strict action against mobs that defy orders.
Joining or continuing in unlawful assembly, knowing it has been commanded to disperse
Section 145 of the Bharatiya Nyaya Sanhita, 2023, continues the same provision as IPC 145. It penalizes individuals who remain in or join an unlawful assembly after being commanded to disperse by lawful authority.
Under BNS 145:
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When an officer or magistrate lawfully directs a mob to disperse,
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Any person who intentionally disobeys and stays in the unlawful assembly,
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Faces imprisonment up to 2 years, or fine, or both.
For instance, if a group of protestors unlawfully occupy government premises and refuse to leave even after lawful orders, they can be punished under BNS 145.
This section reinforces the authority of law enforcement and magistrates, deterring mobs from challenging lawful commands. By retaining IPC 145, BNS 145 maintains continuity and clarity in addressing mob defiance.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 145 to BNS BNS 145.