BNS Section 188 - Joining Unlawful Assembly Knowing It Has Been Commanded to Disperse

Whoever, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, joins or continues in such assembly.

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Bailable, Cognizable

Official Text

Whoever, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, joins or continues in such assembly.

Legal Analysis

Elements to Prove:

  • Knowledge of dispersal order.
  • Continuing in assembly.
  • Unlawful assembly status.

Potential Defenses:

  • No knowledge of order.
  • Immediate compliance.
  • Lawful assembly.

Practical Examples

What Constitutes the Offense:

Continuing in assembly after police order, ignoring dispersal commands.

What Doesn't Constitute:

Unaware of dispersal order, lawful assembly, or immediate compliance.

Punishment

Imprisonment up to 2 years, or Fine, or both