BNS Section 193: Liability Of Owner, Occupier, Etc., Of Land On Which An Unlawful Assembly Or Riot Takes Place
Section 193 falls under Chapter 11 of the Bharatiya Nyaya Sanhita (BNS). Chapter 11 covers offences against the public tranquillity. Each section under this chapter deals with different offences related to actions that are intended to affect law and order in the public domain. Section 189 specifically deals with the responsibility of the person(s) on whose property an unlawful assembly takes place. Let us take a closer look at its provisions.
Definition of BNS Section 193
Section 193 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
(1) “Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the officer in charge at the nearest police station, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly.
(2) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same.
(3) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same.”
Explanation and Illustration of BNS Section 193
This section deals with riots taking place upon or on behalf of a particular property and the responsibility of the owner, occupier or manager of such property in such a case. The section is divided into three subsections. While the first subsection deals with property on which a riot actually takes place, the other two subsections deal with property on behalf of which riots take place. Let us understand this better by breaking down the keywords from the sections.
(1) This subsection deals only with any private property which has been the scene of an unlawful assembly or riot. It deals with the responsibility of the person in charge of a property “upon which such unlawful assembly is held, or such riot is committed”. The persons whose responsibilities are being outlines under this section can be either of the following:
Their responsibilities under this section are invoked as soon as they become aware that an unlawful assembly or a riot is, has or is about to take place on a property that is officially in their charge. Under such circumstances, their responsibility is two fold:
Any lapse in these responsibilities on behalf of the owner, manager, occupant, claimant or interested party will attract the provisions of section 193 (1) and can result in a fine which can go up to ₹ 1,000.
(2) This subsection deals with a property which is the cause of an unlawful assembly or riot. It states that the person in charge of “any land respecting which such riot takes place” shall bear certain responsibilities in case of such an event. A person in charge could be:
What needs to be noted here is that unlike subsection (1), this subsection does not deal with property which is the scene of the unlawful assembly or riot. Rather, it deals with property that is the subject of the riot. If the property itself is the reason for the riot, then subsection (2) comes into effect. And if riot for the property takes place on the premises of the property itself, then both (1) and (2) will be applicable.
It must be further noted that the subsection states that the persons listed above can be held accountable under this section only if the riot has been to their benefit or on their behalf. If the riot has resulted in a loss or damage to such persons, then the provisions of subsection (2) do not qualify for prosecution.
Their responsibilities under this section are invoked as soon as they become aware that such an unlawful assembly or a riot is, has or is about to take place. Under such circumstances, their responsibility is to use all lawful means in his or their power to prevent it and, in the event of its taking place, disperse or suppress; in simple words, they must take all the lawful measures available to them to prevent it, if they have become aware that it is about to take place, and suppress or disperse it, if they have becomes aware that it has begun taking place. This could involve taking steps such as engaging the members of the unlawful assembly and informing them of the consequences of their actions and cordoning the property with the help of security personnel.
While this subsection clarifies the responsibilities of the persons, it must be noted that the punishment defined under the section is only for persons other than the agent / manager. In other words, a person who is employed to be in charge of a property is not punishable under this section. In other words, this section clarifies that even if there is a lapse on behalf of the agent or manager of the property, the owner, occupant, interested party or claimant are ultimately responsible and shall face the provisions of this subsection. Any lapse in these responsibilities will attract the provisions of section 193 (2) and can result in a fine as deemed appropriate by the judge, depending on the severity of the consequences.
(3) In continuation to (2), this subsection has been created to hold the agent or manager who has failed the responsibilities already outlined in (2). This is to show that the agent / manager and the owner, both are punishable under the provisions of section 193 separately and cohesively. Any lapse in these responsibilities will attract the provisions of section 193 (3) and can result in a fine as deemed appropriate by the judge, depending on the severity of the consequences.
For instance, X, a person living abroad, has appointed Y as a manager to take care of his property in India. Due to a dispute over a shared wall with the neighbour, an heated exchange takes place which results in an unlawful assembly or a riot. It is later found that the riot had taken place in support of X’s rights causing damage to the neighbour’s property. It was found that neither X nor Y did anything to stop the riot even though they could have. In this case, both X and Y will be prosecuted under section 193, with X being prosecuted under subsection (1) and Y under subsection (2). Further, if the riot was found to have taken place on the premises of the property, then both X and Y will be additionally prosecuted under the provisions of subsection (1).
Key Points in BNS Section 193
This section deals with: Liability of owner or the premises where a riot takes place
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 193 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 193 of BNS replaces IPC Sections 154, 155 & 156. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 193 (1) | Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place. | 154 | Section 154 has been reclassified as subsection 193 (1). No changes in provisions for offence. |
| 193 (2) | Liability of person for whose benefit riot is committed. | 155 | Section 155 has been reclassified as subsection 193 (2). |
| 193 (3) | Liability of agent of owner or occupier for whose benefit riot is committed. | 156 | Section 156 has been reclassified as subsection 193 (3). |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 193 of the Bharatiya Nyaya Sanhita (BNS)
What does Section 193 of the BNS say about unlawful assemblies or riots?
Section 193 deals with the owners of the property in which a riot takes place. Any owner who is found to not have taken all reasonable steps to either disperse the riot or inform the authorities regarding the riot shall be considered an offender under this section.
Who is responsible if an unlawful assembly or riot happens on someone's land?
The persons committing the riot are responsible for their actions. However, it is also the responsibility of the owner of that land to do everything in their power to avoid or report the riot.
What happens if a landowner's property is used for a riot under Section 193?
Section 193 describes the responsibilities of the owner of the land where a riot has taken place. Failure to meet those responsibilities shall be considered an offence under Section 193.
Can the owner of the land be punished if they didn't join the riot under Section 193?
Yes. Even if the owner has no part in the riot, section 193 describes the responsibilities of the owner of the land where a riot has taken place. Failure to meet the responsibilities shall be met with punishment under Section 193.
What does Section 193 say about landowners or occupiers during a riot?
Section 193 states that owners of a property where a riot takes place have a responsibility to quell such riot. The responsibilities have been described in detail under this section. Failure to meet the responsibilities is punishable under this section.
Does Section 193 apply to both public and private land in case of a riot?
Yes, Section 193 applies to any property where a riot takes place, whether public or private.
