CHAPTER VIII OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
INDIAN PENAL CODE
141: Unlawful Assembly::--An assembly of five or more persons is designated an “unlawful
assembly”, if the common object of the persons composing that assembly is–
First–To overawe by
criminal force, or show of criminal force, the Central or any State Government
or Parliament or the Legislature of any State1, or any public
servant in the exercise of the lawful power of such public servant; or
Second–To resist the
execution of any law, or of any legal process; or
Third–To commit any
mischief or criminal trespass, or other offence; or
Fourth–By means of
criminal force, or show of criminal force, to any person, to take or obtain
possession of any property, or to deprive any person of the enjoyment of a
right of way, or of the use of water or other incorporeal right of which he is
in possession or enjoyment, or to enforce any right or supposed right; or
Fifth–By means of
criminal force, or show of criminal force, 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.
Explanation : An
assembly which was not unlawful when it assembled, may subsequently become an
unlawful assembly.
COMMENTS
The meeting together
of five or more persons, to the disturbance of the public peace and with the
intention of cooperating in the forcible and violent execution of some unlawful
enterprise. Five or more persons come together with a common plan in mind
which, if carried out, will result in a riot.The intention is to commit a crime
by force or to execute a common design lawful & unlawful, in an
unauthorized manner likely to cause courageous persons to apprehend a breach of
the peace.If they take steps towards the performance of their purpose, it
becomes a rout;and if they put their design into actual execution, it is a
riot. Common object is the essence of the offence under this section.They
should all be aware of it and concur in it.
1.
Subs. by the
A.O. 1950, for “Central or any Provincial Government or Legislature”.
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