UNLAWFUL ASSEMBLY UNDER IPC

Section 141- Unlawful Assembly
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, Government or Legislature, 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 or 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.


Some important questions

1. The ingredients of Section 149 of the Indian Penal Code are:

I. Knowledge of the probability of the commission of the offence

II. Common intention

III. Unlawful objects stated in Section 141 of the I.P.C.

IV. Active participation in commission of crime.

Select the correct answer using the codes given below—

Codes:

(A) I, III and IV 

(B) II and IV 

(C) III and IV

(D) I and III

2. Which one of the following Provisions of the Indian Penal Code defines ‘Unlawful Assembly’ ?

(A) Section 141

(B) Section 142

3. 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.Which Section of IPC provides for the same?
Ans: Section 142 IPC

4. 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. Which Section of IPC provides for the same?
Ans: Section 143 IPC

5. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.Which Section of IPC provides for the same?
Ans: Section 147 IPC

4. 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 of either description for a term which may extend to three years, or with fine, or with both.Which Section of IPC provides for the same?
Ans: Section 148 IPC

6. 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.Which Section of IPC provides for the same?
Ans: Section 149 IPC

7. "Section 149 IPC prescribes for vicarious or constructive criminal liability for all members of an unlawful assembly....," Which case is related to the above statement?
a. Mohan Singh And Another v. State Of Punjab
b. Lalji And Others v. State Of U.P .