Offences Against Public Tranquility: BNS 189-197 Sections Explained for UPSC

Offences against public tranquility are not just crimes against an individual or property but against the peace and safety of society. Chapter XI of the Bharatiya Nyaya Sanhita (BNS) 2023 which includes Section 189 to Section 197 deals with these offences. The provisions have replaced Chapter VIII (Sections 141 to 160) of the Indian Penal Code (IPC) 1860. 

The chapter defines and punishes acts such as unlawful assembly, rioting, affray and other similar public disturbances. Such acts can cause fear, chaos and unrest in the community, threatening social harmony and public safety. The updated provisions in BNS are structured to help law enforcement maintain public order and tranquility and protect the fundamental rights of citizens. They ensure that there are clear legal measures in place to deal with disruptions to public peace effectively. The provisions are also important for the UPSC Law Optional as they relate to public order and criminal law reforms under the new Criminal Law. 

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Offences Against Public Tranquility: Legal Provisions

The Bharatiya Nyaya Sanhita (BNS) 2023 under Chapter XI (Sections 189 to 197) lays down a comprehensive legal structure to address offences that disturb public peace and order. The provisions are designed to prevent and penalize unlawful assemblies, riots, affrays and activities that promote enmity or threaten national integration and ensure social harmony. The following are the provisions under BNS related to offence against public tranquility -

Section 189 of Bharatiya Nyaya Sanhita 2023 defines what constitutes an unlawful assembly and prescribes punishments for those involved. It forms an important part of the provisions dealing with offences against public tranquility and carrying forward the essence of Section 141 to Section 145, Section 150 and Section 157 of the IPC -

Definition of Unlawful Assembly

An assembly of five or more persons is deemed unlawful if their shared intent includes -

• Intimidating government authorities through criminal force.
• Obstructing lawful duties or resisting law enforcement.
• Committing any offence.
• Forcibly taking or interfering with others’ property rights.
• Forcing others to engage in unlawful acts. (Earlier defined under Section 141 IPC)

Punishments Related to Unlawful Assembly

The BNS provides specific punishments for various acts related to unlawful assemblies under Section 189. The provisions cover both general participation and special circumstances like armed involvement or defiance of police orders. The table below summarizes the offence against public tranquility and their corresponding penalties -

Every Member of Unlawful Assembly Guilty of Offence Committed in Prosecution of Common Object 

Section 190 of Bharatiya Nyaya Sanhita 2023 states that every person who is a member of an unlawful assembly at the time an offence is committed in pursuit of the assembly’s common object is considered guilty of that offence. It establishes collective responsibility for offences committed during unlawful assemblies. (Previously Section 149 of Indian Penal Code, 1860.)

Rioting (Section 191 BNS)

Section 191 of Bharatiya Nyaya Sanhita 2023 addresses offences against public tranquility by defining rioting as the use of force or violence by any member of an unlawful assembly in furtherance of the common object of the group. This provision retains the main definition previously stated under Section 146 IPC.

Punishments for Rioting

Section 191 of Bharatiya Nyaya Sanhita 2023 divides rioting into two categories based on the presence or absence of deadly weapons. The punishments vary depending on the severity and nature of the offence as shown below -

Provocation for Rioting (Section 192 BNS)

Section 192 BNS addresses cases where a person through malignant or wanton illegal acts, intentionally provokes others and such provocation is likely to cause rioting (Previously Section 153 IPC). The punishment for Rioting under Section 192 of BNS -

• If a Riot Occurs: Imprisonment: Up to 1 year or fine or both.
• If a Riot Does Not Occur: Imprisonment: Up to 6 months or fine or both.

Property Owner’s Liability (Section 193 BNS)

Section 193 of Bharatiya Nyaya Sanhita 2023 deals with the responsibility of property owners, occupiers, and their agents in connection with offence against public tranquility. It places a duty on them to take reasonable steps to prevent the use of their premises for unlawful assemblies or riots.

Affray (Section 194 BNS)

Section 194 of Bharatiya Nyaya Sanhita 2023 addresses affray as part of the provisions related to offences against state and public tranquility. It penalizes individuals who engage in fights in public places and causes disturbance to public peace and order.

Obstruction of Public Servants (Section 195 BNS)

Section 195 of Bharatiya Nyaya Sanhita 2023 deals with offences against public servants especially in situations involving the maintenance of public order and tranquility. It penalizes both actual use of criminal force and attempts to obstruct public servants in the discharge of their duties.

Promoting Enmity Between Groups (Section 196 BNS 2023)

Section 196 of Bharatiya Nyaya Sanhita 2023 criminalizes acts that promote enmity or hatred between different groups and communities thereby threatening public tranquility. It retains the essential elements of Section 153A of IPC and expands the scope to include electronic communications and places of worship. Section 196 BNS -

• Promoting disharmony between groups through words (spoken/written), signs, visible representations or electronic communication.
• Acts harmful to harmony among religious, racial, linguistic, regional groups, castes or communities which disturb or are likely to disturb public tranquility.
• Organizing or participating in violent activities like movements or drills.
• Punishment: Up to 3 years imprisonment with or without fine.
• Aggravated Circumstances: Promoting enmity in places of worship or during religious ceremonies.
• Enhanced Punishment: Up to 5 years imprisonment with fine.

Assertions Prejudicial to National Integration (Section 197 BNS)

Section 197 of Bharatiya Nyaya Sanhita 2023 aims to prevent acts that can harm national integration and public harmony. It prohibits assertions and publications that promote disloyalty, discrimination or falsehoods affecting India’s sovereignty and unity.

Offences Against Public Tranquility Case Law

The judiciary has played an important role in interpreting the scope and application of laws related to offences against public tranquility under both the IPC and the Bharatiya Nyaya Sanhita (BNS). The landmark judgments are as follows -

In P.S. Kirubakaran v. Commissioner of Police, Vepery (2021) the Madras High Court addressed a situation involving offences against public tranquility during the COVID-19 lockdown. A group of advocates was accused of participating in an unlawful assembly resulting in the destruction and forcible occupation of property thereby disturbing peace and order. The petitioner highlighted that the police failed to act citing the involvement of legal professionals. The Court directed the police to ensure the petitioner’s protection, identify the advocates involved and submit a report. This report would aid in referring the matter to the Bar Council of Tamil Nadu and Pondicherry for disciplinary action.

In Amish Devgan v. Union of India the Supreme Court explained that offences against public tranquility like those under Section 153A IPC (now BNS) must involve a real threat to public order and not just hurt sentiments. The Court emphasized that intent, context and the likelihood of actual harm are important to determining such offences. Mere offensive words or thoughts without public impact do not qualify.

In Manzar Sayeed Khan v. State of Maharashtra & Anr (2007) the Supreme Court emphasized that mens rea (criminal intent) is an essential element for offences under Section 153A IPC which dealt with promoting enmity between groups and now falls under offence against state and public tranquility in the BNS. The case involved a book authored by the appellant, alleged to incite violence. The Court held that merely writing or publishing is not enough; the intention to cause disorder or promote hatred must be clearly established. It further ruled that the burden to prove such intent lies with the prosecution. Consequently, the charges were quashed as the book’s content did not reflect any deliberate attempt to promote enmity.

Conclusion

The BNS lays out a clear legal framework to identify and punish offences against state and public tranquility. These rules must be applied in line with constitutional values and natural justice and balancing public order with individual rights. To stay relevant and effective, they should be regularly reviewed and updated to meet new challenges to public peace.