Unlawful Assembly under Indian Penal Code
Unlawful Assembly under Indian Penal Code
1. Definition (Section 141 IPC)
Section 141 of the IPC defines Unlawful Assembly as:
“An assembly of five or more persons is designated an unlawful assembly, if the common object of the persons composing that assembly is:**
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; or
To resist the execution of any law, or of any legal process; or
To commit any mischief or criminal trespass, or other offence; or
By means of criminal force, or show of criminal force, to take or obtain possession of any property, or to deprive any person of the possession of property; or
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; or
To outrage the religious feelings of any class; or
To punish, or to use criminal force to any person, in respect of any offence which he has committed, or is suspected of having committed, or on account of any alleged failure to do any act.”
2. Essential Elements of Unlawful Assembly
| Element | Explanation |
|---|---|
| Number of Persons | Minimum of five persons must be assembled. |
| Common Object | All members must share the common object as mentioned in Section 141. |
| Criminal Intention | The common object must be criminal in nature (like committing an offence or using force). |
| Assembly | Actual meeting or gathering of persons. |
3. Punishment for Unlawful Assembly
Section 143 IPC prescribes punishment for being a member of an unlawful assembly.
Punishment: Imprisonment up to six months, or fine, or both.
4. Related Offences
Section 144 IPC: Punishment for rioting by unlawful assembly.
Section 145 IPC: If the unlawful assembly is armed with deadly weapons or causes death, stricter penalties apply.
5. Important Case Laws
1. K.K. Verma v. Union of India (1952 AIR 194)
Held that mere assembly of five persons does not amount to unlawful assembly unless the common object is criminal.
2. Lalita Kumari v. Govt. of UP (2014) 2 SCC 1
Clarified the importance of the common object and the nature of assembly in cases of public disorder.
3. Bhim Singh v. State of Jammu & Kashmir (1985) 2 SCC 677
Emphasized the necessity of proving the criminal intention behind the assembly.
4. Raghunath Singh v. State of U.P. (1954) AIR 549
Explained that the intention behind the assembly must be unlawful to attract Section 141.
6. Distinction Between “Unlawful Assembly” and “Peaceful Assembly”
| Unlawful Assembly | Peaceful Assembly |
|---|---|
| Assembled with criminal intent or object | Assembled for lawful, peaceful purpose |
| Common object involves offence or force | No criminal intention or illegal objective |
| Punishable under IPC Sections 141, 143 | Protected under Article 19(1)(b) of the Constitution (Right to assemble peacefully) |
7. Summary Table
| Aspect | Details |
|---|---|
| Definition | Assembly of 5+ persons with criminal common object |
| Legal Provision | Section 141 (definition), Section 143 (punishment) |
| Number of Persons | Minimum 5 persons |
| Common Object | Must be criminal |
| Punishment | Imprisonment up to 6 months or fine or both |
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