Joining or continuing in unlawful assembly, knowing it has been commanded to disperse
Section 145 of the Indian Penal Code, 1860 deals with joining or continuing in unlawful assembly, knowing it has been commanded to disperse. Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extent to two years, or with fine, or with both. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extent to two years, or with fine, or with both.
Section 145, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 189 Unlawful assembly Close, with changes 73%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Balaguru vs The State Rep by Its
Court's Decision & Legal Precedent
Mere assembly of five or more persons for peaceful protest without any criminal force, intent to commit an offence, or any of the specific ingredients enumerated in Section 141 IPC cannot constitute unlawful assembly. When prosecution materials fail to prima facie establish the essential ingredients of the offence, continuing the prosecution constitutes abuse of process of law and the FIR should be quashed under Section 482 CrPC.
On this section: Joining or continuing in unlawful assembly knowing it to be unlawful - court held that without establishing unlawful assembly, this section cannot be invoked
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Kaasula Balraju vs The State of Telangana
Court's Decision & Legal Precedent
Obstructing public movement in one direction on a road, causing annoyance to the public exercising their right to use that road, constitutes public nuisance under Section 290 IPC read with Section 268 IPC, even if the obstruction is for a political cause like demanding district status. However, such obstruction does not constitute wrongful restraint under Section 341 IPC (which requires preventing movement in any direction), nor does it constitute unlawful assembly under Section 141-145 IPC (which requires criminal force or show of criminal force with specific common objects), and prosecution for disobedience under Section 188 IPC is barred by Section 195 IPC.
On this section: Joining unlawful assembly after command to disperse - court found allegations do not constitute unlawful assembly as defined in Section 141
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 145
What have the courts held on Section 145 of the Indian Penal Code?
Balaguru vs The State Rep by Its (15 Nov 2022) is the leading judgment on this section among those set out below: Joining or continuing in unlawful assembly knowing it to be unlawful - court held that without establishing unlawful assembly, this section cannot be invoked. Another 1 judgment on this section is set out below. They run from 2018 to 2022.
How do I find court cases under Section 145 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 145, section 145 IPC, section 145 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Balaguru vs The State Rep by Its (15 Nov 2022).
What should I read with Section 145 of the Indian Penal Code, and has it changed?
3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 189 (Unlawful assembly), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 145 of the Indian Penal Code come into force?
Section 145 of the Indian Penal Code, cited as IPC 145, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.