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What Is BNS Section 193?

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Bharatiya Nyaya Sanhita, 2023 - Section 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.

Brief Detail

BNS Section 193 outlines the liability of the owner, occupier, or person with an interest in land where an unlawful assembly or riot takes place. If they do not take steps to inform the authorities or prevent such events, they can be fined up to one thousand rupees. This includes their agents or managers.

Question & Answers

Q1: What is the responsibility of the landowner under BNS Section 193 if an unlawful assembly occurs on their land?

A1: The landowner must notify the nearest police station and take lawful steps to prevent or disperse the assembly. Failing to do so can result in a fine of up to one thousand rupees.

Q2: Who else, besides the landowner, can be held liable under BNS Section 193?

A2: Any person with an interest in the land, such as an occupier or their agent/manager, can be held liable if they do not take steps to prevent or report the assembly or riot.

Q3: What are the consequences if a riot occurs for the benefit of the landowner?

A3: If a riot occurs for the landowner's benefit, they or their agents/managers can be fined if they do not take measures to prevent or disperse the riot, even if they were not directly involved in it.

Example

Example Scenario:

If a group of people gather on a landowner’s property to protest and it escalates into a riot, and the landowner or their representative knew about this but did not inform the police or try to stop it, they could be fined under BNS Section 193.

Summary

BNS Section 193 holds landowners and those with an interest in the land accountable for not reporting or preventing unlawful assemblies or riots on their property. If such events occur and they do not take action, they may face fines of up to one thousand rupees.

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