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IPC 145 → BNS 189(5): Joining After Command

IPC Section 145 (Joining After Command) under the old Indian Penal Code 1860 is now covered under Section 189(5) of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

145

Joining After Command

Joining or continuing in unlawful assembly, knowing it has been commanded to disperse

New Law — BNS 2023

189(5)

Joining After Command

Punishment / Liability
Same - Up to 2 years
Key Change / Note
No major change

Facing a case under BNS 189(5)?

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Quick Summary: IPC 145 vs BNS 189(5)

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 145 (Joining After Command) is now mapped to BNS Section 189(5).

What did IPC 145 cover?

IPC 145 dealt with joining after commandjoining or continuing in unlawful assembly, knowing it has been commanded to disperse. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 189(5): What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to joining after command are filed under BNS Section 189(5). Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 189(5)

Same - Up to 2 years

Practical implications for advocates, police & citizens

  • Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 189(5) instead of IPC 145.
  • Police officers: Use BNS 189(5) as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 145 ↔ BNS 189(5) mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 145?

IPC Section 145 (Joining After Command) is now covered under Section 189(5) of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 189(5)?

Same - Up to 2 years

What is the key difference between IPC 145 and BNS 189(5)?

No major change

Is IPC 145 still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.

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