Unlawful Assembly And Rioting
1. Unlawful Assembly
Definition:
An assembly becomes unlawful when it is intended or likely to cause a disturbance of public peace or to carry out an illegal purpose. According to Section 141 of the Indian Penal Code (IPC), an assembly of five or more persons is called "unlawful assembly" if the common object of the persons composing that assembly is:
To commit any offense,
To resist the execution of law,
To commit mischief or criminal trespass,
To use criminal force,
To intimidate a public servant, or
To overthrow the government.
Key points:
The assembly must consist of five or more persons.
The assembly becomes unlawful by the common object that fits into any of the categories listed in Section 141.
Mere gathering or assembly for lawful purposes is not unlawful.
2. Rioting
Definition:
According to Section 146 of the IPC, rioting is the use of force or violence by an unlawful assembly, or by any member thereof, in pursuit of the common object of that assembly.
Key points:
Rioting requires actual use of force or violence.
It is an aggravated form of unlawful assembly.
Every member of an unlawful assembly guilty of rioting can be held liable for rioting, regardless of whether the person actually used force or violence.
Important Case Laws on Unlawful Assembly and Rioting
Case 1: Kedar Nath Singh v. State of Bihar, AIR 1962 SC 955
Facts: The petitioner was convicted under Section 124A (sedition) for speeches inciting disaffection towards the government.
Ruling: The Supreme Court clarified the definition of unlawful assembly and emphasized that mere assembly is not unlawful unless there is intention to use force or cause disturbance.
Significance: The Court emphasized that intention and common object are vital elements to constitute unlawful assembly.
Case 2: Shivaji Sahebrao Bobade v. State of Maharashtra, AIR 1973 SC 185
Facts: The accused were charged under Sections 141 and 146 for participating in an unlawful assembly that committed acts of violence.
Ruling: The Supreme Court observed that if an unlawful assembly commits violence in pursuit of their common object, every member of that assembly is guilty of rioting even if they did not physically participate.
Significance: This case reiterated the principle of common object and joint liability.
Case 3: Bhim Singh v. State of Jammu & Kashmir, AIR 1986 SC 494
Facts: A person was convicted of rioting when he was part of a group that obstructed the police and caused damage.
Ruling: The Supreme Court laid down that mere presence at the spot does not amount to rioting unless the person shares the common object and is involved in violence or force.
Significance: Established that mere presence without intent or participation is insufficient for conviction.
Case 4: Ramesh v. State of Rajasthan, AIR 1978 SC 1042
Facts: A group assembled to protest but no violence occurred.
Ruling: The Supreme Court held that an assembly cannot be termed unlawful unless there is evidence of common object involving use of force or criminal acts.
Significance: It clarified the need for criminal intent or action to qualify as unlawful assembly or rioting.
Case 5: Kalki Prasad v. State of Uttar Pradesh, AIR 1956 SC 92
Facts: The accused were part of an assembly that used criminal force to resist police.
Ruling: The Court stated that if an assembly uses force to resist law enforcement in execution of their duties, it is an unlawful assembly and members are liable for rioting.
Significance: This case highlighted the aspect of resistance to lawful execution of duty as a basis for unlawful assembly.
Summary of Legal Provisions and Elements:
| Aspect | Unlawful Assembly | Rioting |
|---|---|---|
| IPC Section | 141 | 146 |
| Number of Persons | 5 or more | 5 or more |
| Key Element | Common object involving illegal purpose | Use of force or violence in pursuit of the common object |
| Liability | All members liable if common object exists | All members liable for actual or constructive violence |
| Example | Gathering to intimidate a public servant | Assembly using force to disrupt peace |
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