CRITIQUE OF THE INDIAN PENAL CODE PROVISIONS ON

UNLAWFUL ASSEMBLY

BLJ5.2- CRIMINAL JUSTICE ADMINISTRATION-I

S U B M I T T E D B Y:
YA S H S A B A L
UID: UGJ21-63
B.A.LL.B.(Adjudication and Justicing)
S e m e s t e r- V
Academic Session:2023-2024

S U B M I T T E D TO :
Dr. Divita Pagey
(Assistant Professor of Law)

M A H A R A S H T R A N AT I O N A L L AW U N I V E R S I T Y, N A G P U R

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 TABLE OF CONTENTS

INTRODUCTION 4

RESEARCH DESIGN 5
AIM AND OBJECTIVE

RESEARCH QUESTIONS

RESEARCH HYPOTHESIS

RESEARCH METHODOLOGY

ANALYSIS
6
RIGHT TO ASSEMBLE UNDER THE INDIAN CONSTITUTION

LEGAL FRAMEWORK ON THE RIGHT OF PEACEFUL ASSEMBLY 6

UNLAWFULL ASSEMBLY
7

ESSENTIAL AND COMPONENTS

8
ONE OF THE FIVE CLAUSES LISTED IN THE SECTION MUST BE THE COMMON
10
OBJECT

11
PUNISHMENT FOR UNLAWFUL ASSEMBLY UNDER IPC

LEGAL PROVISION OF AN UNLAWFUL ASSEMBLY 12

CRITIQUES
13

CONCLUSION 14

BIBLIOGRAPHY 15

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 1. Mohan Singh vs State of Punjab AIR 1963 SC 174

2. Amar Singh vs State of Punjab AIR 1987 SC 826

3. Bhanwar Singh vs the State of MP (2008) 16 SCC 657

4. Rajnath vs State of Uttar Pradesh AIR 2009 SC 1422

5. Amin Chand vs Crown case 48 CrLJ 522

6. State of Karnataka vs chikkahottappa varade Gowda 2008 Cri.L.J. 3495

& OR’s

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INTRODUCTION

It's crucial to note that unlawful assembly encompasses both violent and nonviolent behaviors
that disrupt peace and public order. The law stipulates that the gathering must be unlawful,
characterized by a common objective, and holds assembly members vicariously liable. As
long as your celebration with friends doesn't meet the criteria for an unlawful assembly,
there's no need to worry. The foundation of a society rests upon peace and morality,
underscoring their pivotal role. Consequently, safeguarding these elements becomes
paramount, as they form the very bedrock of societal existence. Neglecting their protection
poses a significant risk, as the core of society hinges on the maintenance of peace and
morality. Such negligence could impede individual progress and jeopardize the well-being of
the entire community. Chapter eight of the IPC delves into public offenses, categorizing them
into unlawful assembly, rioting, enmity among different classes, and affray. Additionally,
Chapter X of the Criminal Procedure Code 1973 provides legal guidance on maintaining
public peace and order. It outlines the duties, responsibilities, functions, and powers of the
Executive and the Police in managing these issues. Section 141 of the IPC, 1860, addresses
unlawful assemblies. Although Article 19(1)(B) of the Indian Constitution, 1950 grants the
fundamental right to peacefully assemble, Section 141 aims to criminalize assemblies with
unlawful intent. So according to the Definition of the unlawful assembly it simply means An
assembly of five or more people with the intention to commit an unlawful offense is termed
an unlawful assembly. A crucial element is the presence of a shared intention to disrupt public
peace and tranquility. Mere participation in an assembly without a motive to disturb the peace
is not punishable. The common purpose determines the nature and objective of the assembly.
Even a lawful assembly can transform into an unlawful one. The issue of public order isn't
just another governance matter; it stands at the core, representing a vital aspect on which
democracy relies and forms a crucial foundation for our nation as a whole.

Chapter eight of the Indian Penal Code addresses offenses against public tranquility, which
are acts committed against society as a whole, disrupting its peace and tranquility. Any
offense against an individual that has the potential to disturb public peace falls under the
purview of a public offense. Importantly, the actual commission of the offense is not a
prerequisite; even the possibility of causing public disorder makes it a punishable offense.

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These offenses are divided into four categories: unlawful assembly, rioting, affray, and
enmity among different classes. While they share certain similarities, there are minor
distinctions among them.

RESEARCH DESIGN

AIM AND OBJECTIVES

 To understand the right to assemble under the Indian constitution.

 To understand the legal framework on the right of peaceful.
 To comprehend essential and components of unlawful assembly.
 To clarifies about one of the five clauses listed in the section must be the common object.

RESEARCH QUESTION: -

 What if gathering that starts off as lawful might turn unlawful later on?
 When unlawful assembly turns into a riot?
 What are the punishments for unlawful assembly under IPC?
 What are the Legal provision of an unlawful assembly?

RESEARCH HYPOTHESIS

 Members of such an unlawful assembly are susceptible to sanctions.

 A person cannot be held liable for just attending an unlawful assembly.

RESEARCH METHODOLOGY

The project is based on secondary sources, including books, journals, papers, articles, and the
official websites of significant international organizations. The “Doctrinal Method of
research” is applied throughout the project, and no static data is gathered from first-hand
sources.

RIGHT TO ASSEMBLE UNDER THE INDIAN CONSTITUTION

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India is a signatory to the 1966 International Covenant on Civil and Political Rights (ICCPR),
solidifying its commitment to upholding fundamental human rights. In particular, Article 21
of the ICCPR stands as a cornerstone, delineating the right to peaceful assembly. According
to this article, the right of individuals to peacefully assemble is acknowledged and
safeguarded. However, it also establishes certain parameters for the lawful exercise of this
right.

Article 21 stipulates that any limitations on the right to peaceful assembly must adhere to
legal standards and be deemed necessary in a democratic society. Such restrictions are
permissible only when they serve compelling purposes, such as national security, public
safety, the maintenance of public order, the safeguarding of public health or morals, or the
protection of the rights and freedoms of others.

This provision underscores the delicate balance between individual freedoms and the broader
interests of society. It acknowledges that while the right to assemble peacefully is a
fundamental human right, there may be instances where restrictions are justifiable to ensure
the well-being and rights of the collective. In essence, it reflects the nuanced approach needed
to maintain social harmony and uphold the principles of democracy.

LEGAL FRAMEWORK ON THE RIGHT OF PEACEFUL ASSEMBLY

Under Article 19(1)(b) of the 1949 Constitution of India, citizens are granted the right to
assemble peaceably and without arms. This constitutional provision reflects the foundational
commitment to preserving the democratic principles of peaceful assembly.

Legislation provisions

particularly Section 144 of the 1973 Criminal Procedure Code, provides a mechanism for
executive magistrates to prohibit assemblies of more than four persons in a designated area.
The Penal Code further defines and penalizes unlawful assembly, making it an offense for
individuals to intentionally join or continue in an assembly known to be unlawful. Moreover,
it specifically addresses the serious crime of joining an unlawful assembly while armed with
a deadly weapon, prescribing penalties that may include imprisonment or fines.

History Of Unlawful Assemblies Under Police Act

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Provinces within India empower law enforcement agencies, such as the police, to regulate
assemblies. For instance, the Madras City Police Act of 1888 grants the City Police
Commissioner the authority to prohibit assemblies for the preservation of public peace or
safety. During the period of such prohibition, anyone intending to convene an assembly is
required to obtain permission from the Commissioner well in advance. Similarly, the Bombay
Police Act of 1951 empowers both the Police Commissioner and the District Magistrate to
prohibit assemblies whenever necessary for the preservation of public order. This Act not
only grants the authority to regulate the behavior of individuals in assemblies but also
mandates seeking prior permission for assemblies.

Jammu and Kashmir1

In the region of Jammu and Kashmir, the revocation of its semi-autonomous status in August
2019 led to stringent restrictions imposed by the Indian Government. These restrictions
extended to individual freedoms, notably impacting the right of assembly. The circumstances
surrounding this revocation underscore the complex interplay between constitutional rights
and the broader geopolitical landscape. In essence, the legal framework surrounding the right
to assembly in India is multifaceted, encompassing constitutional provisions and national
legislation that aim to balance individual freedoms with the imperative of maintaining public
order and safety. The case of Jammu and Kashmir further illustrates the evolving nature of
these dynamics in response to geopolitical changes.

UNLAWFULL ASSEMBLY

A gathering has the potential to turn chaotic and pose threats to individuals, property, or
public order, leading to its classification as an 'unlawful assembly.' The primary rationale
behind criminalizing such assemblies is to uphold public peace and order. The Penal Code
introduces vicarious responsibility to dissuade individuals from engaging in group criminal
activities, marking it as an offense against public tranquility.

Section 141 outlines that the core of an unlawful assembly involves five or more individuals
jointly committing an offense. The key elements of this section include the assembly of at

1
“The laws on right of peaceful assembly worldwide”
https://www.rightofassembly.info/country/india

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 least five people with a shared objective, and this common object must align with one of the
five specified in the section. The term 'common object' implies that all assembly members
collectively hold and pursue this objective. It necessitates an 'objective community.'

A gathering of five or more individuals earns the label of an "unlawful assembly" if the
shared objective of its members includes:

 Intimidating, through criminal force or a display of criminal force, the Central or any
State Government, Parliament, the Legislature of any State, or any public servant
exercising lawful powers.
 Opposing the implementation of any law or legal process.
 Engaging in mischief, criminal trespass, or other offenses.
 Using criminal force or a display thereof to take possession of property, deprive
someone of the right of way, use of water, or other incorporeal rights, or enforce a
right or supposed right.
 Compelling, through criminal force or a display thereof, any person to do something
not legally binding or omitting something legally entitled to do.

Simply we can say that an assembly is initially lawful upon assembly, may later transform
into an unlawful assembly.

ESSENTIAL AND COMPONENTS

 First essential component: - There must always be more than four people using the same
thing. It cannot be deemed an unlawful assembly when there is no proof that the fifth person
shared the identical item with the other four people.

“Mohan Singh’s case2”: - According to the Court, an unlawful assembly only arises when
five or more people are present at a gathering provided, of course, that Section 141's other
requirements regarding the gathering's common purpose are met.

In the case of “Amar Singh vs State of Punjab3”, seven people were initially accused of
violating Sections 148 and 302/149; however, two of them were found not guilty by the
Sessions Court and one by the High Court, and no one else was implicated in the crime
2
AIR 1963 SC 174
3
AIR 1987 SC 826

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 beyond these seven. The Court determined that because a minimum of 5 people must be
present to apply Sections 148 or 149, the conviction of the remaining four cannot stand. As a
result of the three accused being found not guilty, the other four accused cannot be found
guilty.

 The second necessary condition is that the assembly's object (common object) be shared by
the members of the assembly. The purpose should be shared by all members of the assembly;
that is, they should all be aware of it and agree on it.

The court held in “Bhanwar Singh vs the State of MP4” held That identification of the
common object in an unlawful assembly is primarily based on whether it aligns with the
categories outlined in Section 141. Additionally, this common objective may arise
spontaneously rather than being pre-planned. Determining the nature of this common object
is a factual inquiry that involves assessing factors such as the type of weapons present, the
assembly's nature, and the behavior of its members. Analyzing the common object requires a
careful examination of the actions of the assembly members and the contextual details of the
specific case. It's crucial to acknowledge the inherent risk that any assembly could transform
into an unlawful assembly.

The Court held in “Rajnath vs State of Uttar Pradesh5” that a common objective can
emerge spontaneously among all or some members of the assembly, and others can join and
endorse it. Importantly, once established, it is not fixed; it has the flexibility to be changed,
modified, or abandoned at any given moment.

ONE OF THE FIVE CLAUSES LISTED IN THE SECTION MUST BE THE

COMMON OBJECT.6

4
(2008) 16 SCC 657
5
AIR 2009 SC 1422
6
By Adv Hemant More, “Unlawful Assembly (S. 141 IPC)”
https://thelegalquotient.com/criminal-laws/indian-penal-code/unlawful-assembly/1397/

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 Clause (1): - To intimidate through the use of unlawful coercion:

A person is considered to overawe another by restraining them through awe or fear of

superior influence. The key elements of an offense under clause includes: -

 inducing fear,
 through a display of criminal force,
 against the Government, Parliament, Legislative body of a State, or
 a public servant in the lawful discharge of their duties.

When an individual is compelled to act against their will or refrain from their intended
actions due to fear, they are said to be overawed. If this fear is instilled through the exhibition
of force, it is termed as being overawed by the display of criminal force. It's important to note
that influencing through superior means alone is not criminal, and inducing fear is not illegal
unless accompanied by a display of criminal force.

 Clause (2): - To oppose the enforcement of any law or legal procedure.

The term 'legal process' denotes a procedure conducted within the bounds of the law. Any
hindrance to the enforcement of legal provisions or the execution of such processes is
regarded as unlawful. Nevertheless, if the gathering's objective is entirely lawful, it does not
qualify as an unlawful assembly.

 Clause (3): - To engage in wrongdoing, criminal trespass, or other unlawful activities.

The definitions of "mischief" and "criminal trespass" can be found in Sections 425 and 441,
respectively. In this context, "offense" denotes an action subject to punishment under the law,
involving imprisonment for six months or longer, with or without a fine (Section 40). If seven
boys illicitly capture a herd of goats and transport them to a nearby lake, they do not qualify
as part of an unlawful assembly, as their conduct does not fulfill the conditions for mischief
or any offense specified in the clause.

 Clause (4): -Through the use of criminal force or a display of criminal force.
It is prohibited to assert one's right to property using criminal force. This right is restricted by
the conditions outlined in Sections 97 to 106 of the Indian Penal Code. The right is applicable
only in response to offenses and not against any lawful actions.

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“Amin Chand vs Crown case7”: -
The court determined that the intention of the Hindus was to use criminal force or a display
of criminal force to compel Muslims to refrain from their legally entitled actions.
Consequently, the court declared the assembly of Hindus as an unlawful assembly.

PUNISHMENT FOR UNLAWFUL ASSEMBLY UNDER IPC8

Punishment as Member of an Unlawful Assembly: -

As per Section 142 of the IPC, if an individual remains part of an unlawful assembly despite
knowing its illegality, they are deemed a member of that assembly.

Members of such an unlawful assembly are subject to the penalties outlined in Section 143 of
the Indian Penal Code. Section 143 specifies that members of an unlawful assembly can face
imprisonment for up to six months, a fine, or both.
<

Penalties for Involvement in an Armed Unlawful Gathering: -

IPC Section 144 outlines the consequences for participating in an illegal assembly while
carrying dangerous weapons capable of causing harm. This particular section represents a
more serious offense compared to IPC Section 143.

Under IPC Section 144, individuals involved in an unlawful assembly armed with deadly
weapons or weapons with the potential to cause fatal injuries can face imprisonment for up to
two years, a monetary fine, or both.

Consequences for Involvement in or Membership of an Unlawful Assembly Despite

Awareness of Dispersal: -
Section 145 of the Indian Penal Code stipulates penalties for individuals who fail to comply
with a legal directive issued by a public servant. In accordance with this provision, anyone
who becomes a member of or remains in an illegal assembly despite being aware of an order

7
48 CrLJ 522
8
BY: SUBHASHINI PARIHAR, “What Is Unlawful Assembly and Its Punishment Under the Indian Penal
Code”?

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 to disperse faces the possibility of imprisonment for a maximum of two years, a monetary
fine, or both.

LEGAL PROVISION OF AN UNLAWFUL ASSEMBLY

 Section 142 of IPC: - underscores the essential point that once an individual becomes aware
of an assembly's unlawfulness, there must be evidence demonstrating their active
participation in it. In this context, the term "continues" specifically denotes physically being
present within the unlawful assembly, indicating direct involvement in the crowd. It's
important to highlight that a person who merely understands the assembly's unlawfulness and
is present as a bystander does not fall within this category9.
 Section 143 of IPC: - it delineates the consequences for being a member of an unlawful
assembly, imposing potential imprisonment for a maximum of 6 months, a fine, or both.
 Section 144 of IPC: - deals with individuals in an unlawful assembly carrying offensive
weapons, specifying imprisonment for up to 2 years, a fine, or both. The aim is to minimize
the potential disturbance to public tranquility.
 Section 145 of IPC: - addresses the penalty for knowingly joining an unlawful assembly that
has been ordered to disperse, aligning with IPC sections 151 and 148. Section 151 pertains to
special cases where disobedience leads to a breach of public peace, while section 188 deals
with instances of violating any legal order issued by a public servant.
 Section 129 of IPC: - of the Code of Criminal Procedure confers special powers upon a
police officer to order the dispersal of an unlawful assembly.
 Section 150 of IPC: - holds individuals hired to participate in an unlawful assembly
accountable. If a person is hired to be part of such an assembly, they are held responsible as if
they were a direct member and committed the offense themselves.
 Section 157 of IPC: - it broadens its scope by penalizing those who knowingly provide
shelter to individuals hired to engage in an unlawful assembly. Anyone harboring such hired
individuals may be subject to imprisonment for a maximum of six months, a fine, or both.

CRITIQUES

One of the lacunae which can be spotted under the provision for unlawful assembly is at the
part of the arrest. Since arrest are generally made in response to criminal actions or to prevent
further criminal activities, the one who merely just went to see can also be considered as the

9
By LawBhoomi, “Unlawful Assembly under Indian Penal Code”.

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part of unlawful assembly and can be arrested and to disprove his guilt becomes the
secondary part but has to suffer till proven guilty.

"State of Karnataka vs chikkahottappa varade Gowda & OR’s 10”. A person cannot be held
accountable for just being present at an unlawful assembly unless there was a common object
and he was actuated by that common object, and the object is one of those listed in section
14.

CONCLUSION

The primary goal of every government is to uphold public order and guarantee a peaceful
atmosphere in public discussions. Our country's legislators have taken admirable measures to
protect public tranquility within society. Peace is indispensable for the functioning of a
civilized society, underscored by the prevailing belief in its significance. Criminalizing
unlawful assemblies is primarily aimed at preserving public peace and order. The Penal Code
incorporates the concept of vicarious responsibility to discourage individuals from engaging
in criminal activities as part of a group. Being knowingly associated with the objectives of an
unlawful assembly makes a person equally liable for punishment, irrespective of their
specific role within the assembly.

If a gathering that starts off as lawful might turn unlawful later on. In a case where an
assembly, initially lawful, turns unlawful when one of its members instigates an attack on
another group. Subsequently, responding to this provocation, the assembly members begin
pursuing and assaulting the fleeing members of the other group. It's important to note that
proving premeditation or preparation is not a requirement to attribute a common purpose to
the members of an unlawful assembly.

When force or violence occurs in the pursuit of the common goal of an unlawful assembly, all
members of that assembly are deemed guilty of rioting. Although there are similarities,
distinctions exist between unlawful assembly and rioting. So, it’s crucial to note that unlawful
assembly encompasses both violent and nonviolent behaviors that disrupt peace and public
order. The law stipulates that the gathering must be unlawful, characterized by a common
objective, and holds assembly members vicariously liable. As long as your celebration with
friends doesn't meet the criteria for an unlawful assembly, there's no need to worry.

10
2008 Cri.L.J. 3495

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BIBLIOGRAPHY

BOOKS: -

 The Indian penal code, 1860

 The Criminal Procedure Code, 1973

ARTICLES AND JOURNALS: -

 “THE LAWS ON RIGHT OF PEACEFUL ASSEMBLY WORLDWIDE”

HTTPS://WWW.RIGHTOFASSEMBLY.INFO/COUNTRY/INDIA
 BY ADV HEMANT MORE, “UNLAWFUL ASSEMBLY (S. 141 IPC)”
HTTPS://THELEGALQUOTIENT.COM/CRIMINAL-LAWS/INDIAN-PENAL-
CODE/UNLAWFUL-ASSEMBLY/1397/
 BY: SUBHASHINI PARIHAR, “WHAT IS UNLAWFUL ASSEMBLY AND ITS
PUNISHMENT UNDER THE INDIAN PENAL CODE”?
 BY LAWBHOOMI, “UNLAWFUL ASSEMBLY UNDER INDIAN PENAL CODE”.
 BY RINTU MARIAM BIJU, “[UNLAWFUL ASSEMBLY] SECTION 149 IPC
WILL BE ATTRACTED IF FIVE OR MORE PERSONS SPECIFICALLY NAMED
IN FIR ARE FACING TRIAL SEPARATELY SUPREME COURT.
HTTPS://WWW.LIVELAW.IN/SUPREME-COURT/SUPREME-COURT-
JUDGMENT-UNLAWFUL-ASSEMBLY-SEPARATE-TRIAL-FOR-NAMED-
PERSONS-FIR-COMMON-OBJECT-CRIMINAL-TRIAL-226654
 ZAMAN, SHAH. (2020). DEFINITION OF A CRIME & UNLAWFUL ASSEMBLY.
 SINGH, PRADEEP. (2021). POLICING IN INDIA: NEED OF EFFECTIVE
PREVENTIVE ACTIONS TO TACKLE CRIME AND CRIMINALITY. JURNAL
MEDIA HUKUM. 28. 10.18196/JMH.V28I2.12624.
 TANEJA, PULKIT. (2021). POLICING REFORMS IN INDIA.
10.10000/IJLSI.11817.
 MUGHAL, MUNIR. (2011). UNLAWFUL ASSEMBLIES AND MAINTENANCE
OF PUBLIC PEACE AND SECURITY. SSRN ELECTRONIC JOURNAL.
10.2139/SSRN.1973380.
 SAXENA, NARESH. (1998). COMMUNAL RIOTS IN MEERUT.

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 McGravey, Kevin. (2019). Reimagining the First Amendment: The Assembly Clause
as a substantive right. First Amendment Studies. 53. 1-24.
10.1080/21689725.2019.1601580.
 INAZU, J.. (2017). UNLAWFUL ASSEMBLY AS SOCIAL CONTROL. 64. 2-52.

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