Unlawful Assembly is a crucial concept in criminal law, especially in the context of maintaining public order and security. It is governed by the Indian Penal Code, 1860 (IPC) and involves a group of individuals gathering with the intent to disturb peace or commit illegal acts.
Meaning of Unlawful Assembly
- As per Section 141 of the IPC, an assembly of five or more persons becomes an unlawful assembly when the common object of the persons composing that assembly is unlawful in nature.
- The law identifies specific purposes that classify an otherwise lawful gathering as unlawful when the intention turns illegal or violent.
Legal Provisions Related to Unlawful Assembly
Section 141 – Definition of Unlawful Assembly
An assembly is unlawful if the common object of the persons is:
- To overawe by criminal force the Government or any public servant.
- To resist the execution of any law or legal process.
- To commit any mischief or criminal trespass or any other offence.
- To take or obtain possession of property by force, or to deprive someone of their rightful possession.
- To enforce any right or supposed right by means of criminal force.
Note: Even if only one person in the group intends to use force or commit an offence, and the rest are aware and support it, the entire group may be liable.
Section 142 – Being Member of Unlawful Assembly
- Anyone who knowingly joins an unlawful assembly, while it is in progress or at its formation, is deemed a member of the unlawful assembly.
Section 143 – Punishment for Unlawful Assembly
- Punishment: Imprisonment up to six months, or fine, or both.
Section 144 – Joining Unlawful Assembly Armed with Deadly Weapons
- If a member of an unlawful assembly is armed with deadly weapons likely to cause death, the punishment increases to two years’ imprisonment, or fine, or both.
Section 145 to 151 deal with:
- Continuation of membership in unlawful assembly.
- Provocation leading to rioting.
- Hiring or hiring out to take part in unlawful assembly.
- Dispersal orders and duty to obey.
Essentials of Unlawful Assembly
- Minimum 5 Persons: Less than 5 people cannot constitute an unlawful assembly.
- Common Object: Not mere intention—there must be a shared objective.
- Unlawful Purpose: The common object must fall within those listed in Section 141.
- Knowledge and Participation: Members must knowingly associate with the unlawful object.
- Potential for Violence: Even the possibility of violence or force makes the assembly unlawful.
Judicial Interpretation
State of Bihar v. Shree Bhagwan Singh (1971)
- The Supreme Court held that for conviction under Section 141, it is necessary to prove that the persons were present and shared a common unlawful object.
Karsevak Case (Ayodhya Demolition)
- Demonstrated how a large peaceful assembly can turn unlawful if the purpose or action becomes violent or illegal.
Lawful vs. Unlawful Assembly
| Lawful Assembly | Unlawful Assembly |
|---|---|
| Organized for social, religious, or political purposes | Formed with intent to disturb peace or commit an offence |
| Peaceful and within legal limits | Includes threat or use of criminal force |
| Permitted by law or authorities | Violates Section 141 IPC |
Preventive and Police Powers
- Under Section 129 of CrPC, police officers can disperse an unlawful assembly by force if needed.
- Section 144 CrPC allows a magistrate to impose curfews and restrictions to prevent unlawful assemblies.