IPC Section 140
IPC Section 140 – Joining an Unlawful Assembly Armed with Deadly Weapon
Text of Section 140 IPC:
Whoever being aware that an unlawful assembly of five or more persons is about to assemble, or has assembled, joins such assembly with an intention of aiding any criminal common object thereof, and is armed with any deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
🔍 Explanation:
Section 140 deals with joining an unlawful assembly while armed with a deadly weapon or an object capable of causing death.
Key Elements of Section 140:
Knowledge of the assembly being unlawful:
The person must know that the group (five or more persons) is an unlawful assembly.
An unlawful assembly is defined under Section 141 IPC — a group of five or more persons whose common object is to commit an illegal act or use force/violence.
Joining the unlawful assembly:
The person joins the group after knowing it is unlawful.
They must join with the intention to aid the common criminal object of that assembly.
Being armed with deadly weapon or something likely to cause death:
The person is carrying a deadly weapon (such as a gun, knife, sword, etc.) or something that could be used as a weapon capable of causing death.
Intention to aid the criminal object:
The joining must be with the intention to assist in the illegal purpose of the unlawful assembly.
📌 Punishment:
Imprisonment up to 3 years, or
Fine, or
Both
🔍 Difference Between Section 140 and Section 148:
| Aspect | Section 140 | Section 148 |
|---|---|---|
| When it applies | When a person joins an unlawful assembly armed with deadly weapon | When a person is guilty of rioting armed with deadly weapon |
| Focus | Joining the group knowingly armed | Participating in riot armed |
| Intent | Intention to aid the common criminal object | Rioting (use of force or violence) |
| Number of persons involved | Assembly of 5 or more persons | Riot by unlawful assembly or member thereof |
⚠️ Important Notes:
The person must be aware that the assembly is unlawful.
Merely being present without knowledge or intent does not attract this section.
Being armed with a deadly weapon or anything capable of causing death is crucial here.
Example:
If a person knows a group of five or more people have assembled unlawfully to damage property, and they join the group carrying a knife or iron rod intending to help the group achieve their criminal goal, they can be charged under Section 140 IPC.
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