Law and You > Criminal Laws > Indian Penal Code > Aggravated Forms of Unlawful Assembly and Punishments (Ss. 142 -145 and 149 IPC)
In the last article, we have understood the concept of unlawful assembly, In this article we shall see aggravated forms of unlawful assembly and punishments for the same.
Section 142 defines a member of unlawful assembly. Section 143 provides for punishment for unlawful assembly for the members. Sections 144 and 145 are aggravated form of unlawful assembly.
S. 142: Being Member of Unlawful Assembly:
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.
Essential Ingredient:
- The person is aware of the fact that the assembly is unlawful;
- He intentionally joins the unlawful assembly; and
- he continues to be in the unlawful assembly.
Thus the membership of unlawful assembly is itself offence and is punishable under Section 143,
In Babulal Parate v. State of Maharashtra, AIR 1961 SC 884 case, the Court while observing that right ‘to hold public meeting’ and to ‘take out public processions’ vests under Article 19 (1) (b) of the Constitution of India, stated that: “Public order has to be maintained in advance in order to ensure it and, therefore, it is competent to a legislature to pass a law permitting an appropriate authority to take anticipatory action or place anticipatory restrictions upon particular kinds of acts in an emergency for the purpose of maintaining public order.” Hence, to put reasonable restriction over the freedom to assemble granted under article 19 (1)(B), sections 129 and 130 of the Code of Criminal Procedure, 1860 provides for the dispersal of assemblies by the competent authority.
S. 143: Punishment:
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, or with both.
Classification of Offence:
The offence is cognizable, bailable, non-compoundable and triable by any magistrate
Punishment:
Imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Section 144: Joining Unlawful Assembly Armed with Deadly Weapon :
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 of either description for a term which may extend to two years, or with fine, or with both.
Essential Ingredient:
- Assembly is an unlawful assembly
- Accused himself was a member of that unlawful assembly
- Accused carrying any deadly weapon or with anything which, used as a weapon of offence, is likely to cause death
This is an aggravated form of the offence of unlawful assembly. The risk to public tranquility is aggravated by the intrention of using force indicated by carrying deadly weapons. This punishment can only be inflicted on that member of the assembly who is armed with a weapon of offence.
In Dr. Anindya Gopal Mitra v. State, 1993 CrLJ 2096 (cal) case, the police commissioner refused to give permission to a political party (BJP), to hold public meetings by prohibiting it under section 144 of the Cr.P.C., the Hon’ble Calcutta High Court; quashed the order passed by the police commissioner and said that ‘the holding of meetings could not be totally prohibited, but necessary restrictions may be imposed and preventive measures may be taken. Thus, it was held that the amount of power vested to the magistrate under section 144 is to suspend the exercise of the right on particular occasions and not to prohibit it absolutely.
Classification of Offence:
The offence is cognizable, bailable, non-compoundable and triable by any magistrate
Punishment:
Imprisonment of either description for a term which may extend to two years, or with fine, or with both.
In Satyadeo Singh v. State of Bihar, 1972 CrLJ 700, case, the accused were proved to have shared the common object of committing mischief connected with offence of rioting with the mob who have been proved to be carrying deadly weapons, accused notwithstanding that they were armed with deadly weapons cannot be absolved from conviction under Section 144.
Section 145: Joining or continuing in unlawful assembly, knowing it has been commanded to disperse:
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 of either description for a term which may extend to two years, or with fine, or with both.
Essential Ingredient:
- Assembly is an unlawful assembly
- Accused himself was a member of that unlawful assembly
- The assembly has been commanded in the manner prescribed by law to disperse
- Accused joins or continues to such assembly even after asked for dispersion with the knowledge that the assembly has been commanded to disperse
Classification of Offence:
The offence is cognizable, bailable, non-compoundable and triable by any magistrate
Punishment:
Imprisonment of either description for a term which may extend to two years, or with fine, or with both.
In Durga Das v. State of Punjab AIR 1960 Punj 271, case, the court held that when an authorized person, like Magistrate, commands an assembly to disperse after declaring it to be an assembly of unlawful, persons who are voluntarily and deliberately remaining there in disobedience to the proclamation, then they cannot be held to be neutrals or innocent spectators.
According to Section 129 of Cr.P.C any unlawful assembly or any assembly of five or more persons likely to cause a breach of public peace may be dispersed by command of any Executive Magistrate or an officer in charge of a police station or a police officer, not below the rank of a sub-inspector, by use of civil force.
According to Section 130 (1) of Cr.P.C, If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces.
S. 149: Every member of unlawful assembly guilty of offence committed in prosecution of common object:
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.
Difference Between Section 34 and Section 149:
Both Offences talk about crime by a group of people. Such that if a crime is done by 2 or more people but less than 5 then section 149 is not applicable whereas section 34 is applicable to those offences. Section 149 deals with the 5 or more people as that would account for unlawful assembly here section 34 is not applicable.
Section 34 talks about common intention whereas section 149 talks about the common object such as the common object have a wider scope.
In section 34 Participation of the people in crime is an important aspect, even standing people who indirectly help in commissioning of crime are also prosecuted. But in Section 149 mere membership of the group of an unlawful assembly is sufficient enough for prosecution.