OF OFFENCES A,GAINsT THE,

I Piratic TRANouture

erpetrating h b
343
idea for p t e came
ead wi rndri
sedian 302 r th Sec. 147 . Y "'" ultenti
of 11;c, fin and sentenced
member of un
142, Being tawful tm,,,,„bts,
der any annembly an unlawful
h ren ---- nnever, being awztliaorwrilyarioeinnsf fLahe.11
:iminbhi.%v ionft
or continues
triOY, i
n
it' I'' aXil id to
br, 7

ClOhMathtEfNTa w ui assembly.
mi.,. section makes it clear person
futhicasa_.sieser nmbbebitay , remains in an unlawful

, :ta,, L,:in,rii.:11:., o. ih: ksn}:wliinb:

0111:,:ilYtin/ fhteer
ahernebmecbaemreisafwagreuntunlawf
ul
se
tract this ction one should e ithc3:r a.116 shall be liable as such_
,. .der to at
t'the assembly is unlawful or continue to
n ssembly
the fact that a a though riot I
a fte r be ing aware
Unlaw fu l
Willie at its inceptinn has
d e r intolwyl e dt gu er noefd uonul at fo be so.
r'lcoolintinues.' physical presence
the k of the ass emabnlys".
w ful character
—Wh o e v e r
1
4& p
aniahmeni. member of an unl is a

with
i mp r i s o n m e n t of either description 1-017.1,.11 tienrviwInibiile5'h' 4rbias.l:
u n i s h e d
six monthn, or with fine or with both.
ad to
LA unit:alto! osieinbl,v
,Joining ormeri with deadly wrupim.—Whueve ,_.„ arnied.
any d.. endly weapon, or with anything which, Ly4ed. us ra:
with
Diteeloupso ri rs ,frence. is likely to nature death, is a member of unlawful
he punished with imprisonment of either d e s c r i p t i o n for a
Rue n i b l y ,
shall
ch may extend to two years, or with fine. or with ath.
1,ro whi b
C O M M ENT

hte offence under this section is an aggravated form of the offence under
cribed nder
me n t is pres u this section because the
`-- On
reater punish
jIt'y
143. G ggravated by the intention of using force evinced
uillity
k to public tranq is
a ing hich, if used
1711P4
e accused s ar m ed with a ny th w
ms. Wh e r e th i
r
C carrying a
pon of offence, is likely to cause death, he shall be liable under this
a wea
rge d
oft
tsing g or continuing in unlawful oilsrmbiy, knowing ti hue bee
145. Joinin ontinues in ten nwf u l aa
senibly,

IMO 'l joins or c u

nla

umosanded to
th0.1 to such unlawful assembly has been t
he manner
commanded in
mowing that
law to disperse. shall be punished with imprisonment of either ine, or with
preecribed by erm which may extend to. two years, or with
.t an description for a t f
both.
)un-e ENT
n CO M M
ano hing he disobedience of any lawful order
at punis t
mbly This s e c t i o n a i ms
nt . he order
must
elate to dispersing an
r
y c serva T
1g an intilgated b a publi

r mb l y .
of also,: meetin
g was goin

.nt n wilawitil a
sse
v. SNte a
public
to r
case f !avia
In the o
the railway employees who were lt
me of evo
56V51 Jr in o
rder to
discuss
the arrests of so
peakers incitid the police to r
he the s of the peakersi merely
irtnt'-1 ifn strike. I n t me e t i n g tw o of
ed (one sa held
Or i s
T,. ine3 overrirneckt while the accus Hig,h Court of
5 orL 1.,4"k the G upport h e s t r i k e r s . T h e
' l l e d t o th e p u li c s
b to
-1:11 tn object to incite the police against the
cornrno
tnr ccused had To
rac ''t the a n
o
y t1h15ea rlicdei
o l

I d mb l y as u
nla w ful,
tf' s f ro
if thdeedrebM
r
were '''"rnirlerit the a
sse
co
mma
n
an ing
ft.4, _
-I
meeting did not di
sperse even after be

he offence under Section 145

4 , 50. , e held guillY of t er Section 145 could
the y could nol b und
hat thollgil 3 charge
—2--1r___laY , however, b
e stated
t
147.7 r
-r, 1-1 1394 Pri.).
 ▪
▪

342
avuoi Poi& coot

criminal intent. per instance. if A sees 13 commiEr .

arrest Ili under section 45 I
43 of the Cr P Code.
.191;311.7i liftt kilr
intervene to secure release of the thief fro ht ri: its"Illk'd orilryer 4rt
of ac
n and they will be --ir t falls - . " 14
(11417cifanudsran5 e gulltY of t11„if "
rti!tIlisC.:25d‘eri(.l ence uridvz n,
Explanation.—In Mori als v. Soic of Who .' 41 llx 142. JUHJ44
noted with approval that an assembly which was) 0,1 FIJI PT
444, whic"
the 5u1,1
4fie moi
turn out into on unlawful assembly by the subs awful il -5 re after
and without previous concert among, its mentheresquQn1 3°1 ill6
the assembly have also acquiesced in such unlawful aacts cts athin 4%6'71 red to he
Illegal to iI..;en
or more members, not acquiesced in by others, dors C. iird Ly
unlawful_ o not make h "r as _
' .," sa set tha t Ow ace
Where some persons associate themselves with the ob wilt nl the f
b motives, but they take part in the proceedings even whenin '1 he kno‘
ecome unlawful, 1117 will be liable as being '641'2 „,,Jih t
tomembeNth
assembly! in rirthaihi, certain persons assembled prevent aa ;11 unth 141 e/Ph'
punt/the
force from passing over a certain street, They neglected the orc13"51'',.: oxicna "" III
when asked to disperse. Therefore, they were held guiltyF .ef5
of on unlawful assembly. ". tMnlzn 144. Jilt
Cases.---fn garitotri v, hrl-rsit 'firmed
51 01
(tie of RiajasPhern.4 the accused six in number woupun of
armed with deadly weapon and surrounded Shit Prasad and kfanfen b y. 811a
which
One of them shouted to exterminate the enemy while others were heal I term
them. It was held that none of the six accused persons who happened iDLY The offs
present at the place of the occurrence and participated m assault multi le 143
said to be there for innocent purpose The nature of the weapon which dla section
were holding from the very beginning and the fact that all of them ball coca ✓isk to public
together from a pretty long distance al a place which was neither in fran1d hr carrying
their house nor in front of their land, as also the tact that all of emilyd as a weapon
section
51 a time and participated in the assault and went away itigethet Ater calLA
numerous injuries suggested that all those accused cnnstituted themselves at 145. Jo
commanded J
an unlawful assembly The common object of the persons compr6-ing IF
Ongo ing Lbs
oo' ar6errally was obviously to commit criminal offence, namely, murder ihod h
The Supreme Court in Siliv,ier Sir,r0 v_ SlYrre of held that an ription I
the mot th.
assembly which is lawful al its commencement can develop during
of incident at spot co 11-75107ti to become unlawful as provided in
appended in Section an a.sser This s(
141, IPC. It is not necessary to render
unlawful when it comes into erdstence at the outset. The time of formli:g:t romulgated
unlawful intent is not material. An assembly, which, at its eotnmo."11,": ItIL awful as
even for some time thereafter, is lawful, may subsequently become In the
e 1;10
the Hall in order
In this case, a .quarrel started between two persons on strilw.
day on March 9, 1993. The appellant called his three sons who
pieces from oat the
with gun and sticks and started throwing stones and brick
three. perns.°Z0, Pealed to
top of the roof and opened fire causing grievous iMuries spital 1,11:51w the at
once Meghnath was 1-icit dead. The injured wort, carried to ho p
and remained under treatment for about a week. The accu sed v°FrIlliers
rrieetit
1. A.I.R. 1954 SC t.57. so, they
2 Perialacm, (188.3) 7 Weir 66
3. (1890) 11 Mad.. 12.b. it ma)
4. 119791 01. L.J. 161 (Rai} I 1,A77 c
4 A 1.1?. 2009 SC 417.
 ■ H L. tit
11 [WIN. A(NAINSI 1141 PUNIC
I
TROLtLICIUILLIT'Y
nolo, ,,, , 34"1
11 1.t ‘v
KoststalliCo to ,33 1
i
‘,.1 .111,1 m olt, .‘vortis,
w ho'll therh,:'. ''' "1- legill p r o e ms r , ,,,
"'
ow ti,11 H.1.1 1 1% 1 (111 to
::lillIViliti
O
n of .
_.,..
-',CS SO
rne

i v i t : iii inteTin „
ti„, ! - - , e r i e me L otto in
s h o . -
n t o " Lg .' ' LIrrYule• the m into
of
LL P,
10,1,4 t o g e t h e r persons ,,. • i
:
0 O rS.,2 held
ti vat
10.:111
tx.,,,,j f ro m u n l a w 1
N.1
p e r s o n
sil il a M t u i assem
ful plol'ijcfe 1..itsePt'n-nv.t;i1(11:
11111'::L7oti of resetting an
2s.
t
bly under tirin 1
ti
held tot o be
lil..3. • e
a.cl'IlIi.ii —Alilitiugh only
two akin
: c - - - - '" ' o t WC .
,0,0„,i., or. other offence" kised in t h b. cI n
A,r4" sPedik?IlY e umerated bin
offences. 11u1 if that w
as the
i Jan ah the Legislaw
itl'o;slitiand ils to w hy only ' m
lLirli ischief heirree isipn:dfaalillys
4i
-.---'
inotkeinct'r;eininilikeitaJltut.retsnpaaLsst' is intulukc.i tc:
ttcaniacutis'e 4, — T h i s c l a u s e ai m s at punish'
of
urioas consequences w hich it i$ likely to cause to public 11 .1tASTel It (1.1

e lef
peace, 'T. his clause
not take a wa y t h e right of Privat c :: tuilfe7ar3eci
iit'c ise rty• T he rule tha t
p e r ,40R is entit el
d to vindicate his right to possession of any property by
e a r s
a p p to be
ri to ( T i n l i ma force' in conflict w ith the law relating to
f e n c e o f r o p e r t y .
vate de p But the courts do recognise the right of private

erce becau
se
d the use of force is justifiable under one section, it cannot

s t i f i a b l e n d e r t h i s o r a n y o t h e r s e c t i o n ,
he ld unju u

Th e expression "right or supposed rights' m akes a division i n t o (i'l rights

njoyi►ent yhon nterfered w ith, and (it) rights clai m e d though not
actual e k i

y me nt when interfered w ith,' W here a person is in undoubted

actual enjo
w ithin
oad nd t s ttacked he has every right to defend
,ssion of his l a i i a
n c e n d e r h e C o d e , A c t s d o n e i n d e f e n c e o f
li mi t s of la w of private defe u t

r t y in s u c h c a s e s
c a n n o t b e s a i d t o b e d o n e t o ' e n f o r c e a n y r i g h t ' .
would
B u t

mitre in oases of doub arty sed orce, that

tful c l a i m s, if either p u f
w ould be no r ight of
se here
unlit to e n f o r c i n g a r i g h t a n d in that ca t

rnte defence,'

In R i n t i l l y i b r t , 7 ' a licence w as obtai

n e d
f
o r t a k i n g o u t a p r o c e s s i o n b u t t h e

rescr
f
icenc
e
b
y
n
ot observing the
p i
bed

ession violated the conclition$ o l ssion w as per m itted to

roce
w hich the p
to
m it up o ut
y rossing he i not to do s b a
tv And b c t l ed the m
e irect
the Ma g i s t r a t d
'ed. The p o l i c e and r e a k t h r o u g h t h e p o l i c e
hid to b
made a deter mined
ly.
P of processionists n rnb
hill), It w
as held that t
he grou
p
c
onstituted
a S
.1111FISsiftlhtel asse
perm
itted r
oute

n g n
R al iiir:s o n was movi o
In . Abdid S a
p r o c e s s i
k e d e d b y b r i c k b a t s , s t o n e s
t
t tac tack

111" " i e d by music and WA

S interrupted and
a indul
ging
i
mosq
ue.
A
H
t
hos e
P mmo n
cted eir co
eniPtY bottles colle inside a sse mbly as th
f u n l a w ful a
activity me m b e r s o i'by to which they
o e
t iv2,. i
w ere
A
held
:
t b
s — o f w

to i o n '
'
' '...• o t
heir right of

r o c e s s
oeprive the p o t b e
wo u l d n
lLe eggaallllyy entitled.
ec ' on it
Claw, =
to br de
r
t
his
s t
i
tak
e

er force t
o
ing a c
ase un
d m'
1
der
-I n or (Tim
1;11 jc,
"e '.--
p r o v e sho w o f cO
minal
for
c e or use
wa s
=i
cco r o p a n i soled by Sme
o

'ssior
Abitio t
A
12iErt i t
.00iid, il g22) 2
urile ss
Pet. 134.
of f
orce

sgo the u s e
/. AI D
1987 S.C. i
CoNtri
D8 11y8s9 . )741.6 Cal. 2 0 6
A..1.R.
j1(04.7 19:1.
- 1 8 125.
,
- %l
x l y s . 57.
1
 thiDIAN PENAL COO(

2. To resist the execution of law or legal pr

3. To commit mischief, criminal trespass or anv other

4. By criminal force.
(a) to take or obtain possession of any popersc 16erf4
(b) to deprive any person of arty incorpore:3.1 nIet7t
(c) to enforce any right or supposed right.
5. By criminal force to compel any person
(a) to do what he is not legally bound to do, or cj'
(b) to omit what he is legally entitled to do.
Five or more persons.—To constitute an unlawful assembly tee
be more than four persons i.e. five or more persons. They must shzt
common object of others. Where more than five are prosecuted for rn
some of them are acquitted and those who are convicted are less dm
in number, the conviction is illegal.'
Common object. —The essence of an unlawful assembly is the cf.;_m not
object of the persons forming assembly. The object must be common Per54
those persons who constitute the assembly; that is they should all to to
of it and must concur in it. The object must be one of th
ose et cut
S -ate c
section. Mere presence in an assembly does not make a person merLe held
The
an unlawful assembly unless it is shown tha t he had done
samethii7 a member of the ir:2171 ial
omitted to do something which would make him -sk
t an assembly is unlay.+L
assembly or unless being aware of the facts tha
to be its member.- Ari
intentionally joins that assembly or continues 770PeztY
assembly
of five or more persons cannot be called an unlawful
d -
is to defend property by the use of force within the limits Precnbe
-
taw.' awe by criminal trd-r?
Clause 1.—The First illegal object is to over etc. A erS051
Government, the legislature or the public servant fear or 511Pult" P 5M1' In
overawe another when he restrains him by awe, -
, nor is uverr''--
Overawing merely by superior influence is not criminal cute an
force_ But where
fear illegal unless it is attended by show of criminal 7-
do. and M-1-
is terrified into doing what he had otherwise no mind to said
from doing what he had otherwise a mind to do he is 10 be - p
E. sScVu,
he
and where that fear is brou t on by the show of force-gh Sec on tri.s—
overawed by show of criminal force. In order that this Y
mon ohlect,:r'awir,
necessary that the assembly should have had the com d it
is not enough that the assembly did have the effect (Iv act.
Clause 2—Under this clause the act resisted mustouse be a ``64*11.
a number of persons resisted an attempt to searchrita h co so
made by officers, who did not have the power and autho Y "' not
distance was held to be legal and those involved m restsling,w.ereffte.ari5
f the offence under this section.' The execution of am '-'4%_,--.arrol=1"
tarrying out of the provision of law or the enforcement of any a"-• smo y
law. Process ss' means a Tne---
means a measure, and a 'legal proce
i. Karior Singh, A.LR 1961 S.C. 1787
Baladin, AIR. 1956 SC
2381. 181: Masotti. A l.R 1969 SC '9' r2.17-rrIV,Ir'
3. Milani Pandrv. (1770' SC R
3. Narain. (157 1 7 N (5'