Code
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, 1[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
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.
Explanation
An unlawful assembly is a gathering of five or more persons with a common object to commit an offense, or to cause any person to fear injury, or to do any act that disturbs the public peace. It is crucial to note that the assembly itself is illegal, not necessarily the individual actions of its members.
- Common object: The members of the assembly must have a shared purpose or goal.
- Offense: The common object can be to commit any offense under the IPC or other laws.
- Fear of injury: The assembly might aim to cause fear of injury to any person or property.
- Disturbance of public peace: The assembly might intend to disturb the public peace or tranquility.
Illustration
Suppose a group of people gather with the intention of damaging a religious place. Even if they haven’t actually damaged anything yet, this gathering would be considered an unlawful assembly because their common object is to commit an offense (damaging a place of worship).
Common Questions and Answers
Q: Is it necessary for an unlawful assembly to actually commit an offense or cause injury?
A: No, it is not necessary. The assembly itself is illegal, even if no offense is committed or injury caused. The intent to commit an offense or cause fear is sufficient to constitute an unlawful assembly.
Q: What are the penalties for unlawful assembly?
A: Section 141 itself does not prescribe a penalty. However, the penalty for participating in an unlawful assembly is laid down under Section 143 of the IPC, which can include imprisonment up to three months, or a fine, or both.
Q: Can someone be punished for being a part of an unlawful assembly if they were not aware of the common object?
A: No, it is necessary for the person to know about the common object of the assembly to be held guilty. Mere presence at the gathering is not enough.
