IPC Section 150
Bare Act Language (Indian Penal Code, 1860):
Section 150: Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punished as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such assembly in pursuance of such hiring, engagement or employment in the same manner as if he had been a member of such assembly or himself had committed such offence.
Detailed Explanation:
1. Key Terms:
"Hires or engages": Actively recruits or pays someone.
"Employs or promotes": Encourages or facilitates involvement.
"Connives at": Knowingly allows or turns a blind eye to the act.
"Unlawful assembly": A group of 5 or more people with a common unlawful object as defined under Section 141 IPC (e.g., committing an offence, resisting legal authority, etc.).
2. Essence of the Section:
Section 150 makes a person criminally liable not just for being a member of an unlawful assembly, but even if they indirectly cause or help someone else to join such an assembly.
This means:
You don't need to physically be present at the scene.
If you knowingly recruit, pay, encourage, or even tolerate someone joining an unlawful group, you are held as responsible as the members themselves.
3. Punishment:
The person is punished as if they were a member of the unlawful assembly.
Also, if any crime is committed by that group (e.g., rioting, assault, etc.), the person who hired or facilitated the group’s formation is equally guilty of that crime.
The punishment depends on the offence committed by the assembly, not just the act of hiring.
4. Example Scenario:
Imagine a businessman hires a group of men and pays them to go and intimidate a rival shopkeeper. Those men form an unlawful assembly and attack the shop. Even if the businessman doesn’t go with them, under Section 150:
He is considered part of the unlawful assembly.
He is liable for the crimes they commit (e.g., assault, rioting).
He will face the same punishment as the men who committed the actual violence.
5. Distinction from Related Sections:
Section 141 IPC: Defines "unlawful assembly".
Section 149 IPC: Deals with common object – if one member of an unlawful assembly commits an offence, all are liable.
Section 107 IPC: Abetment in general – encouraging or aiding an offence.
Section 150 is specific to hiring/engaging someone to join an unlawful assembly, making it more severe in terms of the intent to create mischief through others.
Conclusion:
IPC Section 150 aims to punish not just those who participate in illegal group activities, but also those who are behind the scenes – the instigators or financiers who make such groups possible. It is a strong deterrent against organized illegal activities and mob violence, ensuring that even those who stay behind the curtain are brought to justice.
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