In which provision of the Bharatiya Nyaya Sanhita, 2023 has 'unlawful assembly' been defined?
Section 189(1) is the correct option because Section 189(1) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 141 of the repealed Indian Penal Code, 1860)…
Choose your answer
In which provision of the Bharatiya Nyaya Sanhita, 2023 has 'unlawful assembly' been defined?
Answer and explanation
Correct answer A
Section 189(1) is the correct option because Section 189(1) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 141 of the repealed Indian Penal Code, 1860) defines an "unlawful assembly" as an assembly of five or more persons if the common object of the persons composing that assembly is any of the five specified unlawful objects listed in clauses (a) to (e).
Section 189(2) is incorrect because Section 189(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 142 and 143 of the repealed Indian Penal Code, 1860) defines who is a member of an unlawful assembly and prescribes the punishment for being a member thereof.
Section 191(1) is incorrect because Section 191(1) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 146 of the repealed Indian Penal Code, 1860) defines the offence of "rioting" (use of force or violence by an unlawful assembly or any member thereof in prosecution of the common object).
Section 191(3) is incorrect because Section 191(3) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 148 of the repealed Indian Penal Code, 1860) prescribes the punishment for rioting armed with a deadly weapon.
Option feedback
Option A
Section 189(1) is the correct option because Section 189(1) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 141 of the repealed Indian Penal Code, 1860) defines an "unlawful assembly" as an assembly of five or more persons if the common object of the persons composing that assembly is any of the five specified unlawful objects listed in clauses (a) to (e).
Option B
Section 189(2) is incorrect because Section 189(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 142 and 143 of the repealed Indian Penal Code, 1860) defines who is a member of an unlawful assembly and prescribes the punishment for being a member thereof.
Option C
Section 191(1) is incorrect because Section 191(1) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 146 of the repealed Indian Penal Code, 1860) defines the offence of "rioting" (use of force or violence by an unlawful assembly or any member thereof in prosecution of the common object).
Option D
Section 191(3) is incorrect because Section 191(3) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 148 of the repealed Indian Penal Code, 1860) prescribes the punishment for rioting armed with a deadly weapon.
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