Unlawful Assembly

Introduction

Unlawful Assembly means an assembly of five or more persons with the intent to commit an illegal act or to execute a lawful act through unlawful means. Section 141 of the Indian Penal Code, 1860 (IPC) deals with unlawful assembly.

• Whereas Section 189 of Bharatiya Nyaya Sanhita, 2023 (BNS) deals with unlawful assembly.

Section 141 of IPC

• Section 141 of IPC, 1860 defines the term ‘unlawful assembly’ as an assembly of five or more person having a common object to perform an unlawful act or a lawful act through unlawful means.
• As per Section 141 of IPC, an assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.
• The object of Section 141 is to preserve the public peace and order.

Essential Elements

• Five or more person
  • The assembly must consist of five or more persons.
• Common object
  • The members must have a common object which falls under any of the following categories:
    • To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant.
    • To resist the execution of any law, or of any legal process.
    • To commit any mischief or criminal trespass, or other offense.
    • By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right.
    • By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
• Being member of unlawful assembly:
  • As per Section 142 of IPC, whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.
• Punishment and Penalties
  • Section 143: Whoever is a member of an unlawful assembly shall be punished with imprisonment of either description for a term which may extend to six months, or with a fine, or with both.
  • Section 144: Whoever joins an unlawful assembly armed with a deadly weapon which is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with a fine, or with both.
  • Section 145: Whoever joins or continue in an unlawful assembly knowing that such assembly has been commanded to disperse, shall be punished with imprisonment of either description for a term which extend to two years or with fine or with both.
  • Section 149: Where an offence is committed by any member of unlawful assembly and the members of that assembly knew about such offence is likely to be committed, every person who, at the time of committing of that offence is a member of the same assembly is guilty of that offence.

Case laws

• Moti Das v. State of Bihar (1954), the Supreme Court held that an assembly which was lawful in its inception may become unlawful by its members subsequent acts.
• Masalti v. State of U. P (1964), the Supreme Court elaborated on the distinction between "common intention" and "common object," clarifying that the latter involves a shared objective among the assembly members, which does not necessitate prior concert or consensus.
• Allauddin Mian & Ors. Sharif Mian & Anr v. State of Bihar (1989):
  • The Supreme Court held that to invoke Section 149, it must be shown that the incriminating act was done to accomplish the common object of the unlawful assembly.
  • Even if an act incidental to the common object is committed to accomplish the common object of the unlawful assembly, it must be within the knowledge of other members as one likely to be committed in prosecution of the common object.
• Raj Nath v. State of U.P (2009), the Supreme Court held that where common object of an unlawful assembly is not proved, the accused persons cannot be convicted with the help of Section 149 of IPC.
• State Of U.P v. Niyamat & Ors (1987), the Supreme Court held that assembling of persons with the common object of rescuing an innocent person from unlawful police detention could not be held to be constituting an unlawful assembly under Section 141 of IPC.

Conclusion

Unlawful assembly under the IPC is a comprehensive provision aimed at curbing collective actions that threaten public peace and order. By outlining the conditions and consequences of such assemblies, the IPC ensures that the law addresses both the preventive and punitive aspects of maintaining societal harmony. Understanding the nuances of these provisions is crucial for law enforcement, the judiciary, and the public to uphold the principles of justice and order.