BNS Section 193

Section 193 of the Bharatiya Nyaya Sanhita (BNS) deals with the liability of the owner, occupier, or anyone with an interest in land where an unlawful assembly or riot occurs.
(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 policestation, 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.

Key Points:
Liability of Owner, Occupier, or Interested Persons:
This section places responsibility on the owner, occupier, or anyone with an interest in land where an unlawful assembly or riot occurs.
These individuals must act to prevent or suppress the unlawful assembly or riot if they have knowledge or reason to believe such an event might occur.

Unlawful Assembly and Riot:
An unlawful assembly is a gathering of five or more people with a common unlawful objective.
A riot occurs when those people act violently in furtherance of that objective.

Duty to Inform Authorities (Section 193(1)):
If the owner or occupier or their agent knows that an unlawful assembly or riot is happening or likely to happen, they must immediately inform the nearest police station.
They are also required to use all lawful means to prevent the assembly or riot, and if it happens, to suppress or disperse it.
Failure to fulfill these obligations can result in a fine up to one thousand rupees.

Benefit from Riot or Unlawful Assembly (Section 193(2)):
If a riot is committed for the benefit or on behalf of the owner, occupier, or someone with an interest in the land, and they did not take lawful measures to prevent or stop the riot, they can be fined.
This applies when the riot takes place on their land or when it is tied to a dispute related to the land from which they benefit.

Agent or Manager Responsibility (Section 193(3)):
The agent or manager of the landowner or occupier is also held responsible. If they have reason to believe that a riot or unlawful assembly might happen, they must use lawful means to prevent it or to suppress it if it occurs.
Failure to do so can result in a fine.

Knowledge and Reasonable Belief:
A key element is the knowledge or reasonable belief that a riot or unlawful assembly is likely to happen.
This means that the law holds the landowner, occupier, or interested persons accountable if they were aware or should have reasonably known that such an event was likely and failed to act.

Fines:
The penalty for failing to report or prevent an unlawful assembly or riot can be a fine not exceeding one thousand rupees.
The amount of the fine reflects the responsibility of the landowner or occupier to maintain order on their land.

Discover every section of the Bharatiya Nyaya Sanhita (BNS) in our detailed directory. Access a full list of BNS sections with thorough descriptions and legal interpretations.