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An
assembly of five or more persons is designated an "unlawful
assembly", if the common object of the persons composing
the assembly is;
1. To overawe by criminal force, or show of criminal
force, the Central or any State Government or Parliament
or the Legislature of any State, or public servant in the
exercise of the lawful power of such public servant; or
2. To resist the execution of any law, or of any
legal process; or
3. To commit any mischief or criminal trespass, or
other offence; or
4. 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
5. 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.
(Section 141 of Indian Penal Code 1860)
It should be noted that an assembly, which was not unlawful
when it assembled, might subsequently become an unlawful
assembly.
Thus,
the assembly should consist of more than five persons. The
object of the assembly should be one of the five objects
mentioned above. Such object was common to all the members
assembled. The accused joined or continued the said assembly
and he did so being aware of the above facts. Whoever,
being aware of the 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.
The
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. The offence is cognizable,
bailable, non-compoundable and triable by any Magistrate.
Section 144 of IPC states that whoever, being armed
with any deadly weapon, or with anything which, used as
a weapon 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 2 years,
or with fine or with both.
In
Rex Vs. Sadla:
If an unlawful assembly of five persons with common object
of beating the victim, split themselves in two parties for
trapping the victim, those members would still form one
unlawful assembly.
State
of UP Vs. Jashoda Nandan Gupta:
An assembly does not
become unlawful if one of the members has in his possession
a knife without the knowledge of others and during a sudden
quarrel wipes it out and gives fatal blow to the deceased.
Baladin
Vs. State of UP:
Mere presence in an assembly does not
make a person a member of an unlawful assembly unless it
is shown that he had done something or omitted to do something,
which would make him a member of an unlawful assembly.
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