S.

141 - UNLAWFUL ASSEMBLY

I. INGREDIENTS

I. This section provides that an unlawful assembly is an assembly of five or more

persons if their common object is :
1. To overawe by criminal force
 Central Govt.
 State Govt.
 The Legislature
 Any public servant in the exercise of lawful power.
2. To resist the execution of law or legal process.
3. To commit mischief, criminal trespass or any other offence.
4. By criminal force
 To take or obtain possession of any property or
 to deprive any person of any incorporeal right or
 to enforce any right or supposed right
5. By criminal force compel any person
 To do what he is not legally bound to do or
 to omit what he is legally entitled to do.
II. The essence of an unlawful assembly is the common object of the persons
forming the assembly. Mere presence in an assembly does not make a person
member of an unlawful assembly. The persons who constitute the assembly must
be aware of the common object and should concur on it.
III. The term overawe used in the section does not mean overawing merely by
superior influence nor is overawing by fear illegal unless it is attended by show
of force.
IV. S. 142 - This section provides that if a person after being aware of the fact that
an assembly is an unlawful assembly, joins it or continues in it, he is said to be a
member of the unlawful assembly. Continues means physical presence.
V. S. 143 - Any person who is a member of an unlawful assembly is liable for
imprisonment which may extend to 6 months with fine or both.
VI. S. 144 - This section provides that any person who is armed with a deadly
weapon which is likely to cause death and is a member of unlawful assembly will
be liable for imprisonment which may extend up to two years or fine or both.
VII. S. 145 - This section provides that where a lawful order has been given for
dispersal of the unlawful assembly and despite of that any member joins or
continues in unlawful assembly shall be punished with an imprisonment which
may extend to 2 years with fine or both.
 S, 149 - Unlawful Assembly - Guilty of offence committed in prosecution of
common object

I. INGREDIENTS
1. There must be an unlawful assembly as defined in S. 141;
2. Some offence must be committed by any member of such assembly;
3. Such offence must be committed in prosecution of the common object of the assembly or
must be such as the members knew to be likely to be committed in prosecution of the
common object;
4. Members had voluntarily joined the assembly and knew the common object of the
assembly.
5. Mere presence and sharing of common object of the assembly would make the person
liable for the offence committed even if he had no intention to commit that offence .

Case Law : Mahmood v. State of UP

Held : If once prosecution establishes that a person was a part of the unlawful assembly, then
any particular act on behalf of the accused is not necessary to be proved for fastening of liability
u/s 149 of IPC.

II. The words 'in prosecution of the common object' show that the offence committed was
immediately connected with the common object of the unlawful assembly of which the
accused were members. The act must be such as has been done with a view to
accomplish the common object of the unlawful assembly.

Case Law : - Siyaram & other v. State of MP

Held : Common object is different from common intention, the former does require common
meeting of minds before the attack.

III. 'Members knew to be likely' - means that they the member had it in his knowledge that
a certain offence is likely to happen or may very well happen. Therefore, knowledge
must be proved. The word likely means some clear evidence that the unlawful assembly
had such a knowledge. Therefore, it must be prove that he not only knew the offence
was likely to be committed but also that it was likely to be committed in prosecution of
the common object of the assembly.