Offences relating to
unlawful assembly |
141. An assembly of 5 or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is —| (a) | to overawe by criminal force, or show of criminal force, the Legislative or Executive Government, or any public servant in the exercise of the lawful power of such public servant; | | (b) | to resist the execution of any law, or of any legal process; | | (c) | to commit any offence; | | (d) | 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 | | (e) | 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. |
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[Indian PC 1860, s. 141] |
| Being a member of an unlawful assembly |
| 142. Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly. [Indian PC 1860, s. 142] |
| 143. Whoever is a member of an unlawful assembly, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [51/2007] [Indian PC 1860, s. 143] |
| Joining an unlawful assembly armed with any deadly weapon |
144. Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments. | | | A wooden pole sharpened at the end is a thing which, used as a weapon of offence, is likely to cause death. |
| | This illustration is applicable to sections 148 and 158. |
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[Indian PC 1860, s. 144] |
| Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse |
| 145. Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both. [51/2007] [Indian PC 1860, s. 145] |
| Force used by one member in prosecution of common object |
| 146. Whenever force or violence is used by an unlawful assembly or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting. [Indian PC 1860, s. 146] |
| 147. Whoever is guilty of rioting shall be punished with imprisonment for a term which may extend to 7 years and shall also be liable to caning. [62/73; 51/2007] [Indian PC 1860, s. 147] |
| Rioting, armed with a deadly weapon |
148. Whoever is guilty of rioting, being armed with a deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment for a term which may extend to 10 years and shall also be liable to caning. | | | The last section is subject to the same illustration as section 144. |
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[Indian PC 1860, s. 148] |
| Every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object |
| 149. If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly is guilty of that offence. [Indian PC 1860, s. 149] |
| Hiring, or conniving at hiring, of persons to join an unlawful assembly |
| 150. Whoever hires, or engages, or employs, or promotes or connives at the hiring, engagement, or employment of any person to join or become a member of any unlawful assembly shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly, in pursuance of such hiring, engagement, or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence. [Indian PC 1860, s. 150] |
| Knowingly joining or continuing in any assembly of 5 or more persons after it has been commanded to disperse |
151. Whoever knowingly joins or continues in any assembly of 5 or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. | | Explanation.— If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145. |
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[Indian PC 1860, s. 151] |
| 151A. [Repealed by Act 51 of 2007] |
| Assaulting or obstructing public servant when suppressing riot, etc. |
| 152. Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly or to suppress a riot or an affray, or uses, or threatens or attempts to use, criminal force to such public servant, shall be punished with imprisonment for a term which may extend to 8 years, or with fine, or with both. [62/73; 51/2007] [Indian PC 1860, s. 152] |
| Wantonly giving provocation, with intent to cause riot |
| 153. Whoever malignantly or wantonly, by doing anything which is illegal, gives provocation to any person, intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting is committed in consequence of such provocation, be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; and if the offence of rioting is not committed, with imprisonment for a term which may extend to one year, or with fine, or with both. [51/2007] [Indian PC 1860, s. 153] |
| Owner or occupier of land on which an unlawful assembly is held |
| 154. Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding $5,000, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest police station, and do not, in the case of his or their having reason to believe that it is about to be committed, use all lawful means in his or their power to prevent it, and in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly. [51/2007] [Indian PC 1860, s. 154] |
| Liability of person for whose benefit a riot is committed |
| 155. Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such riot or assembly from taking place, and for suppressing and dispersing the same. [Indian PC 1860, s. 155] |
| Liability of agent of owner or occupier for whose benefit a riot is committed |
| 156. Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place, and for suppressing and dispersing the same. [Indian PC 1860, s. 156] |
| Harbouring persons hired for an unlawful assembly |
| 157. Whoever harbours, receives or assembles in any house or premises in his occupation or charge, or under his control, any persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [51/2007] [Indian PC 1860, s. 157] |
| Being hired to take part in an unlawful assembly or riot |
158. Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon, or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both. | | | The last section is subject to the same illustration as section 144. |
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[Indian PC 1860, s. 158] |
| 159. [Repealed by Act 51 of 2007] |
| Punishment for committing affray |
| 160. [Repealed by Act 51 of 2007] |
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