Indian Penal Code 1860
Chapter VIII ( Section 141 to 160 ) :
Of Offences Against the Public Tranquility :
Section 141 :
Unlawful assembly:
(See section 189(1) of BNS 2023)
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 for 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.
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1. Subs. by the A. O. 1950,for “the Central or any Provincial Government or Legislature”.
Section 142 :
Being member of unlawful assembly:
(See section 189(2) of BNS 2023)
Whoever, being aware off acts 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.
Section 143 :
Punishment:
(See section 189(2) of BNS 2023)
Classification of Offence:
Offence: Being member of an unlawful assembly.
Punishment :Imprisonment for 6 months, or fine, or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate
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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.
Section 144 :
Joining unlawful assembly armed with deadly weapon:
(See section 189(4) of BNS 2023)
Classification of Offence:
Offence: Joining an unlawful assembly armed with any deadly weapon.
Punishment :Imprisonment for 2 years, or fine, or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate
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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.
Section 145 :
Joining or continuing in unlawful assembly, knowing it has been commanded to disperse:
(See section 189(3) and (5) of BNS 2023)
Classification of Offence:
Offence: Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse.
Punishment : Imprisonment for 2 years, or fine, or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate
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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.
Section 150 :
Hiring, or conniving at hiring, of persons to join unlawful assembly:
(See section 189(6) of BNS 2023)
Classification of Offence:
Offence: Hiring, engaging or employing persons to take part in an unlawful assembly.
Punishment :The same as for a member of such assembly, and for any offence committed by any member of such assembly.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :According as the offence is bailable or non-bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court by which offence is triable.
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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.
Section 151 :
Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse:
(See section 189(5) of BNS 2023)
Classification of Offence:
Offence: Knowingly joining or continuing in any assembly of five or more persons after it has been commanded to disperse.
Punishment :Imprisonment for 6 months, or fine, or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate
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Whoever knowingly joins or continues in any assembly of five 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 of either description for a term which may extend to six months, 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.
Section 157 :
Harbouring persons hired for an unlawful assembly:
(See section 189(7) of BNS 2023)
Classification of Offence:
Offence : Harbouring persons hired for an unlawful assembly.
Punishment :Imprisonment for 6 months, or fine, or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate
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Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control and 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 of either description for a term which may extend to six months, or with fine, or with both.
Section 158 :
Being hired to take part in an unlawful assembly or riot:
(See section 189(8) and (9) of BNS 2023)
Classification of Offence:
Offence: Being hired to take part in an unlawful assembly or riot.
Punishment :Imprisonment for 6 months, or fine, or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate
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Offence: Or to go armed
Punishment :Imprisonment for 2 years, or fine, or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate
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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 of either description for a term which may extend to six months, or with fine, or with both.
or to go armed :
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 of either description for a term which may extend to two years, or with fine, or with both.