IPC Section 142
IPC Section 142: Being a member of an unlawful assembly knowing it has been commanded to disperse
Text of the Section:
Section 142: Whoever, being aware of a direction by a competent authority to disperse, intentionally omits to disperse or to cause the dispersal of an unlawful assembly, shall be punished in the same manner as if he were a member of such assembly.
Detailed Explanation:
1. What is an Unlawful Assembly?
As per Section 141 IPC, an unlawful assembly is a group of five or more persons with a common unlawful objective (e.g., using force, intimidating, or resisting the law).
2. Competent Authority's Direction
Authorities like the police, magistrates, or other empowered officials can order the unlawful assembly to disperse (disband and go away).
This order is given to prevent violence or crime.
3. Who is Liable Under Section 142?
Any member of the unlawful assembly who knows about the order to disperse, but does not leave or does not help in making others disperse.
Basically, if you are part of the group and the authorities command the group to break up, but you stay anyway, you commit an offence under Section 142.
4. Intentional Omission
The key here is intentional omission — the person must deliberately ignore the command to disperse.
If someone is unaware of the order, they may not be liable.
5. Punishment
The person who disobeys the dispersal order is punished in the same way as a member of the unlawful assembly.
Usually, this means they can face penalties under the related sections for unlawful assembly and related offences.
Example Scenario:
A crowd gathers with the intention to protest unlawfully.
The police give a clear order to disperse.
Most people leave, but some members of the group stay back despite the order.
Those who stay are guilty under Section 142 because they knowingly ignored the lawful command.
Purpose of Section 142:
To reinforce the authority of law enforcement.
To prevent groups from continuing unlawful activities once ordered to stop.
To hold accountable not only those who form the group but also those who refuse to obey lawful commands to break it up.
Summary:
| Aspect | Explanation |
|---|---|
| What it deals with | Being part of an unlawful assembly, knowing it has been ordered to disperse, but refusing to leave. |
| Key requirement | Awareness of the lawful command to disperse. |
| Type of act | Intentional omission to disperse or cause dispersal. |
| Punishment | Same as being a member of an unlawful assembly (Section 141). |
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