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Under the Bharatiya Nyaya Sanhita, 2023, the provisions regarding the offences against the Public…

Correctly stated are the definition of membership of an unlawful assembly (section 189(2) of the Bharatiya Nyaya Sanhita, 2023), the definition of affray (section 194(1)),…

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Under the Bharatiya Nyaya Sanhita, 2023, the provisions regarding the offences against the Public Tranquillity are as follows:
A. Whoever, being aware of facts which render any assembly, an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of unlawful assembly.
B. When two or more persons, by fighting in a public place, disturb the public peace, they are said to 'Commit an affray'.
C. Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to one year.
D. Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
E. Whoever is guilty of rioting shall be punished with fine only.
Which of these statements are correct?

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Answer and explanation

Correct answer C

Correctly stated are the definition of membership of an unlawful assembly (section 189(2) of the Bharatiya Nyaya Sanhita, 2023), the definition of affray (section 194(1)), and the punishment for affray (section 194(2): up to one month, or fine up to one thousand rupees, or both; the fine under former section 160 IPC was one hundred rupees); membership of an unlawful assembly is punishable with up to six months, not one year, and rioting is not punishable with fine only (section 191(2): up to two years, or fine, or both). Hence "A, B and D only".

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