Court rules that mere raising of slogans without criminal force does not constitute unlawful assembly under Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant judgment delivered on August 31, 2026, the Madras High Court, presided over by Justice G.K. Ilanthiraiyan, quashed criminal proceedings initiated against P.P. Mohamed and others in a case alleging unlawful assembly and raising slogans in support of the Palestinian people. The case was registered as Crime No. 269 of 2025 and was pending before the Judicial Magistrate, Gudalur (STC No. 201 of 2026).
The petitioners were accused under Sections 189(2) and 126(2) of the Bharatiya Nagarik Suraksha Sanhita (BNS), 2023, for allegedly assembling unlawfully and raising slogans against the genocide of Palestinians. The prosecution claimed that such assembly amounted to an offence under the BNS.
However, the High Court examined the scope and definition of "unlawful assembly" under the BNS and the Criminal Procedure Code (CrPC), 1973, especially in light of the Supreme Court's guidelines in State of Haryana v. Bhajan Lal (1992 Supp (1) SCC 335). The Court noted that an assembly of five or more persons is deemed unlawful only if its common objective is to use criminal force or show of criminal force to overawe the government or public servants, resist the execution of the law, commit mischief or criminal trespass, forcibly take possession of property, or compel a person to do or omit something illegally.
The Court found that the allegations and charge sheet did not disclose the commission of any offence under the said sections or demonstrate the use of criminal force. The petitioners had not committed any mischief, crime, or offence, nor had they forcibly tried to take possession of any property or rights. The mere raising of slogans, without any criminal act or force, could not be construed as unlawful assembly.
Consequently, the Court held that continuing the criminal proceedings would be a futile exercise infringing the rights of the accused. Exercising its inherent power under Section 482 of the CrPC, the Court quashed the criminal case against the petitioners, thereby putting an end to the trial.
This judgment reiterates the principle that peaceful protest and expression, absent of criminal conduct, do not constitute unlawful assembly, and protects citizens from malicious or unfounded criminal proceedings.
Bottom Line:
Quashing of criminal proceedings under Section 482 of CrPC - Offences under Sections 189(2) and 126(2) of Bharatiya Nagarik Suraksha Sanhita (BNS) - Allegations do not disclose commission of an offence or constitute unlawful assembly as defined under law.
Statutory provision(s):
Section 482 of the Criminal Procedure Code, 1973; Sections 189(2) and 126(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
P.P. Mohamed v. State, (Madras) : Law Finder Doc Id # 2976751
