IPC Section 143: Punishment for Unlawful Assembly

1. State the code:

“Whoever is a member of an unlawful assembly shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”

2. Explain it:

This section of the Indian Penal Code (IPC) deals with the punishment for being a member of an unlawful assembly. An unlawful assembly is defined in Section 141 of the IPC. Essentially, it refers to a gathering of five or more people with a common intention to commit an unlawful act or to carry out a lawful act in an unlawful manner.

The following elements must be present for an assembly to be considered unlawful:

• Five or more persons must be assembled.
• They must have a common intention.
• The common intention must be to commit an unlawful act or to carry out a lawful act in an unlawful manner.

3. Illustrate it:

Consider a scenario where a group of people gather outside a government office, intending to disrupt its functioning by shouting slogans and blocking the entrance. This would be considered an unlawful assembly because the common intention of the group is to commit an unlawful act (disrupting government work) in an unlawful manner (through intimidation and obstruction).

4. Common Questions and Answers:

Q: Is a mere gathering of people considered an unlawful assembly?
A: No. A gathering of people becomes an unlawful assembly only if they have a common intention to commit an unlawful act or carry out a lawful act in an unlawful manner.

Q: Can a person be convicted under Section 143 even if they did not participate actively in the unlawful assembly?
A: Yes. Even if a person was present at the assembly but did not actively participate in the unlawful act, they can still be convicted under Section 143 if they had knowledge of the common intention of the assembly and did not take any steps to dissociate themselves from it.