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Offences Against Public Tranquility

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 31-Dec-2024

Introduction 

  • Offences against public tranquility are offences against not only a single person or property but against society at large.   
  • The provisions contained herein, encompassing Sections 189 to 197 of the Bhartiya Nyaya Sanhita, 2023 (BNS) establish the legal framework governing offences against public tranquility within the territory of India.  
  • These sections, superseding the corresponding provisions of the Indian Penal Code, 1860, (IPC) address the pressing need to maintain social order and peaceful coexistence in contemporary society.  
  • The provisions herein define various forms of unlawful assembly, rioting, and related offences, while establishing appropriate penalties for such transgressions.  
  • These sections aim to empower law enforcement agencies with the necessary legal tools to maintain public order while ensuring the protection of citizens' fundamental rights. 
  • Chapter XI of BNS states the provisions for the offences against Public Tranquility. 
    • Earlier the same was covered under Chapter VIII of the IPC [Section 141 to Section 160]. 

 Legal Provisions Based on the Offences Against the Public Tranquility under BNS 

  • Unlawful Assembly (Section 189) 
    • Definition and Constitution: 
      • An assembly of five or more persons becomes unlawful when their common object falls under any of the following categories: 
        • Overawing government authorities through criminal force. 
        • Resisting law execution. 
        • Committing offences. 
        • Forceful property possession and depriving others from enjoyment of their property. 
        • Compelling unlawful acts. 
      • This definition clause was earlier covered under Section 141 of IPC. 
    • Basic Punishment: 
      • Membership in Unlawful Assembly: 
        • Punishment: Imprisonment up to six months or fine or both. 
        • This was earlier covered under Section 143 of IPC. 
        • Applicable to: Persons knowingly joining or continuing in such assembly.  
        • This clause was earlier covered under Section 142 of IPC. 
    • Special Circumstances: 
      • Armed Participation 
        • Context: Member carrying deadly weapons. 
        • Duration: During assembly participation. 
        • Penalty: Imprisonment up to two years with/without fine. 
        • This clause was earlier covered under section 144 of IPC. 
      •  Disobedience to Dispersal Orders 
        • Offence: Continuing after lawful dispersal command. 
        • Punishment: Imprisonment up to two years with/without fine. 
        • This clause was earlier covered under Section 145 of IPC. 
    • Related Offences: 
      • Hiring for Unlawful Assembly 
        • Acts covered: Hiring, engaging, employing, promoting. 
        • Liability: Same as assembly members. 
        • Additional liability: For subsequent offences committed. 
        • This clause was earlier covered under Section 150 of IPC. 
      •  Harboring Participants 
        • Offence: Harboring persons hired for assembly 
        • Duration: Before or after assembly 
        • Punishment: Imprisonment up to six months with/without fine 
        • This clause was earlier covered under Section 157 of IPC. 
  •  Every Member of Unlawful Assembly Guilty of Offence Committed in Prosecution of Common Object (Section 190) 
    • This section states that every person who, at the time of the committing offence of unlawful assembly, is a member of the same assembly, is guilty of that offence. 
    • This section was earlier covered under Section 149 of IPC. 
  •  Rioting (Section 191) 
    • Basic Definition: 
      • Use of force or violence by unlawful assembly. 
      • Connection to common object requirement. 
      • This was earlier covered under Section 146 of IPC. 
    • Punishment Categories: 
      • Simple Rioting 
        • Punishment: Up to two years imprisonment or a fine or both. 
        • This was earlier covered under Section 147 of IPC. 
      •  Armed Rioting 
        • Term: Up to five years imprisonment. 
        • Condition: Using deadly weapons. 
        • Additional: Fine or both. 
        • This was earlier covered under Section 148 of IPC. 
  • Provocation for Rioting (Section 192) 
    • Elements of Offence: 
      • Malignant or wanton illegal acts. 
      • Intentional provocation. 
      • Likelihood of causing riots. 
    • Punishment Structure: 
      • If Riot Occurs 
        • Imprisonment up to one year. 
        • Fine or both. 
      • If Riot Does Not Occur 
        • Imprisonment up to six months. 
        • Fine or both. 
    • This section was earlier covered under Section 153 of IPC. 
  • Property Owner's Liability (Section 193) 
    • Basic Liability: 
      • For Landowners/Occupiers 
        • Duty to inform police. 
        • Obligation to prevent assembly. 
        • Maximum fine: One thousand rupees. 
        • This clause was earlier covered under Section 154 of IPC. 
    • Extended Liability: 
      • For Beneficiaries of Riots 
        • Applicable to: Owners/occupiers benefiting from riot 
        • Duty: Prevention and suppression 
        • Punishment: Fine 
        • This section was earlier covered under Section 155 of IPC. 
    • Agent/Manager Liability: 
      • Separate liability for agents/managers. 
      • Duty to prevent and suppress. 
      • Independent fine structure. 
      • This clause was earlier covered under Section 156 of IPC. 
  •  Affray (Section 194) 
    • Definition: 
      • Fighting in public places. 
      • Disturbance of public peace. 
      • This clause was earlier covered under Section 159 of IPC. 
    • Punishment:  
      • Imprisonment up to one month or fine up to one thousand rupees or both. 
      • This clause was earlier covered under Section 160 of IPC, where the fine could be levied up to one hundred rupees which has been enhanced to one thousand in the new criminal law. 
  •  Obstruction of Public Servants (Section 195) 
    • Primary Offence: 
      • Assault or obstruction with any public servant during riot control. 
      • Use of criminal force against any public servant. 
      • Punishment: Up to three years imprisonment with minimum ₹25,000 fine. 
      • This was earlier covered under Section 152 of IPC wherein the limit of fine was not prescribed. 
    • Attempted Offence: 
      • Threats or attempts to obstruct any public servant. 
      • Threatens to use criminal force against the public servant. 
      • Punishment: Up to one year imprisonment with/without fine. 
  • Promoting Enmity (Section 196) 
    • Basic Offences: 
      • Promoting disharmony between groups (by words, either spoken or written, or by signs or by visible representations or through electronic communication or otherwise). 
      • Acts prejudicial to harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility. 
      • Organizing violent activities (movement, drill or other similar activity). 
      • Punishment: Up to three years imprisonment with/without fine. 
    • Aggravated Circumstances: 
      • Promotion of Enmity in place of worship. 
      • During religious ceremonies or worship. 
      • Enhanced punishment: Up to five years imprisonment with fine. 
    • This Section was earlier covered under Section 153A of IPC. 
  • Assertions Prejudicial to National Integration (Section 197) 
    • Prohibited Acts: 
      • Questioning constitutional loyalty 
        • 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. 
      •  Advocating denial of citizenship rights 
        • 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. 
      •  Promoting disharmony 
        • 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 
      • These clauses were earlier covered under Section 153 B of IPC. 
      •  False information affecting national security 
        • makes or publishes false or misleading information, jeopardizing the sovereignty, unity and integrity or security of India. 
        • This is a newly added clause in the BNS. 
    • Punishments: 
      • General Offence 
        • Up to three years imprisonment or a fine or both. 
      •  Aggravated Circumstances 
        • Commission in religious places. 
        • Enhanced term: Up to five years. 
        • Mandatory fine. 
        • This clause was earlier covered under Section 153 B of IPC. 

 Conclusion 

The provisions of BNS constitute a comprehensive framework for addressing and penalizing offences against public tranquility. These provisions shall be interpreted and implemented in accordance with constitutional principles and natural justice, recognizing the delicate balance between maintaining public order and protecting individual rights. The effectiveness of these provisions in preserving social harmony and national unity shall be subject to periodic review and amendment as necessary to address evolving challenges to public peace and order.