Bharatiya Nyaya Sanhita, 2023 - Chapter XI
Section 193 BNS: Liability of Owner or Occupier of Land Where Unlawful Assembly or Riot Takes Place
Section 193 of the Bharatiya Nyaya Sanhita, 2023 deals with the liability of an owner, occupier, person interested in land, and in specified circumstances an agent or manager, when an unlawful assembly is held or a riot takes place in connection with that land. The provision focuses on timely reporting and the use of lawful means to prevent, suppress or disperse the assembly or riot.
Text of Section 193 BNS
193. Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place.
(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.
Meaning and Scope of Section 193
Section 193 does not make a land owner or occupier automatically criminally liable merely because an unlawful assembly or riot occurs on the land. The provision links liability to specified circumstances, including knowledge or reason to believe that the unlawful assembly or riot is occurring, has occurred or is likely to occur, together with a failure to perform the duties stated in the relevant sub-section.
Sub-section Wise Explanation
Section 193(1): Owner, occupier or person interested in the land
Sub-section (1) applies when an unlawful assembly is held or a riot is committed on the land. It covers the owner, occupier and any person having or claiming an interest in the land. Where the required knowledge or reason to believe exists, the provision requires the earliest notice in the person's power to the officer in charge of the nearest police station. Where there is reason to believe the event is about to occur, lawful means must also be used to prevent it; if it occurs, lawful means must be used to disperse or suppress it. The maximum fine stated in this sub-section is one thousand rupees.
Section 193(2): Riot for the benefit or on behalf of a person
Sub-section (2) concerns a riot committed for the benefit or on behalf of a person who owns or occupies the relevant land, claims an interest in it or in the subject of the dispute, or has accepted or derived a benefit from the riot. If that person, or the person's agent or manager, had reason to believe that the riot or the unlawful assembly was likely, all lawful means within the relevant person's power must be used to prevent, suppress and disperse it. Failure attracts a fine.
Section 193(3): Liability of agent or manager
Sub-section (3) separately addresses the agent or manager of a person for whose benefit or on whose behalf a riot is committed. If the agent or manager had reason to believe that the riot or unlawful assembly was likely and failed to use all lawful means within his power to prevent, suppress or disperse it, the agent or manager is punishable with fine.
Punishment and Classification Under the BNSS
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the offences under Section 193 as follows:
| Provision | Substance of offence | Punishment | Classification | Triable by |
|---|---|---|---|---|
| 193(1) | Owner or occupier of land not giving information of riot, etc. | Fine of Rs. 1,000 | Non-cognizable; bailable | Any Magistrate |
| 193(2) | Person for whose benefit or on whose behalf a riot takes place not using all lawful means to prevent it | Fine | Non-cognizable; bailable | Any Magistrate |
| 193(3) | Agent of owner or occupier not using all lawful means to prevent a riot committed for the relevant person's benefit | Fine | Non-cognizable; bailable | Any Magistrate |
Key Legal Points to Understand
Knowledge or reason to believe matters. Section 193 is framed around knowledge, or reason to believe, concerning the commission or likelihood of the unlawful assembly or riot. The precise requirement depends on the applicable sub-section.
The required response must be lawful. The provision repeatedly uses the expression "all lawful means". It does not authorise a private person to use unlawful force or take measures prohibited by law.
Reporting is expressly required by sub-section (1). Where the conditions in Section 193(1) are satisfied, the earliest notice within the person's power must be given to the officer in charge at the nearest police station.
Benefit from the riot is relevant under sub-sections (2) and (3). Those provisions specifically address a riot committed for the benefit or on behalf of a person connected with the land or dispute, including a person who accepted or derived a benefit from it.
Frequently Asked Questions
What does Section 193 BNS deal with?
It deals with the statutory responsibility of specified persons connected with land, including an owner, occupier, interested person and, in certain circumstances, an agent or manager, when an unlawful assembly or riot occurs or is likely to occur.
Is the owner automatically liable if a riot happens on the land?
No. Section 193 contains specific conditions relating to the person's status, knowledge or reason to believe, and failure to give notice or use lawful means as required by the applicable sub-section. Liability therefore depends on the statutory ingredients and the facts.
What is the punishment under Section 193(1)?
Section 193(1) provides a fine not exceeding one thousand rupees. The BNSS First Schedule describes the punishment as a fine of Rs. 1,000.
Are offences under Section 193 cognizable or bailable?
The BNSS First Schedule classifies Section 193(1), 193(2) and 193(3) as non-cognizable and bailable, and each is triable by any Magistrate.
When did Section 193 BNS come into force?
The Bharatiya Nyaya Sanhita, 2023 was enacted as Act 45 of 2023. The Central Government appointed 1 July 2024 as the commencement date for its provisions, except Section 106(2). Section 193 therefore came into force on 1 July 2024.