Unlawful assembly

Sunday, October 8, 2023 7:19 PM

Chapter VIII (Ss. 141-160] deals with 'group offences", i.e. offences committed by a group of persons
which disturb public tranquility or cause breach of peace. The offences enumerated in this chapter may
be classified under the following heads:
1) Unlawful assembly: Sections 141 to 145; 149 to 151; 157 and 158;
2) Rioting: Sections 146 to 148; 152 to 156;
3) Affray: Sections 159 and 160; and

An assembly may turn unruly and which may cause injury to person, property or public order. Such an
unruly assembly is termed as ‘Unlawful Assembly.’
The term ‘Unlawful Assembly’ has been defined under section 141 of the Indian Penal Code, 1860
as an assembly of five or more persons having a common object to perform an omission or offence.

Essentials to constitute an Unlawful Assembly:

To constitute an unlawful assembly the following 3 conditions must co-exist:-

• There must be an assembly of five persons.

• The assembly must have a common object and
• The common object must be to commit one of the five illegal objects specified in the section.

1) Five or more persons

The first condition to constitute an assembly as unlawful assembly" is that it should consist of five or
more persons.
If there is no finding that there were five or more persons in the assembly, the assembly cannot be
termed as "unlawful assembly*. It is, however, not necessary that all the members of the assembly
should be identified. Even if some of the members are not identified but a finding is recorded that there
were five or more members, it can be said that there was an unlawful assembly. But in absence of such
finding, the charge as to unlawful assembly cannot be sustained if there are less than five persons

2) The assembly must have a common object

The law does not declare a mere assemblage of men, however large it is, as illegal unless it is inspired by
an illegal common object. In the case of Sheikh Yusuf v. Emperor,[5]the court said that; “the word
‘object’ means the purpose or design to do a thing aimed at and that the object must be ‘common’ to the
persons who comprise the assembly.” A Common Object is where all or minimum five member of the
assembly possesses and shares one object.

3) The common object must be to commit one of the five illegal objects specified in the section

As stated earlier, an assembly of five or more persons is designated as an unlawful assembly, if the
common object of the persons composing that assembly is any one of the following five objects
declared illegal under section 141, IPC

1. To overawe Government by criminal force.

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 2. To resist the execution of law or legal process.
3. To commit an offence.
4. forcible possession or dispossession of any property; or
5. To compel any person to do illegal acts.

Substantive offence
Section 141 defines an "unlawful assembly," with Section 142 specifying its members. Sections 143-145
provide penalties, with Section 143 targeting every member of such an assembly. Sections 144 and 145
are aggravated forms of Section 143. Being a member of an unlawful assembly is a standalone offense.
Section 149 makes every member accountable for offenses in pursuit of the assembly's common
objective. Sections 150 and 151 address hiring and participation in unlawful assemblies. Sections
156-158 penalize harboring or hiring individuals involved in such assemblies.

No overt act necessary

Section 149 of the Indian Penal Code establishes the principle of vicarious liability for members of an
unlawful assembly. This means that every member of such an assembly at the time an offense is
committed is considered guilty of that offense. It is not necessary for each member to have committed
an overt act; their mere membership in the unlawful assembly suffices for liability. However, the
presence of an overt act can help establish their participation.

The key element is whether the individual shared the common object or knowledge of the unlawful
assembly. Overt acts can aid in determining this, but inaction on the part of a person can also indicate
their alignment with the assembly's common object.

Proof
The burden of proof in cases involving unlawful assemblies rests with the prosecution. They must
establish the existence of an unlawful assembly, prove the accused's membership in it, show that an
offense was committed by the assembly members, and demonstrate that this offense was committed in
pursuit of the assembly's common objective. Determining the common objective can be challenging,
relying on various factors such as weapons carried, actions, language, roles, and behavior. Every detail
matters in reaching the ultimate conclusion.

Duty of the court:

Section 149 of the IPC holds every member of an unlawful assembly responsible for offenses committed
in pursuit of the assembly's common objective. Determining this common objective can be complex, as
it may develop spontaneously. However, it's essential for the court to carefully evaluate the evidence
and differentiate between those who may not be actual members but are implicated. Each case is
unique, and no precedent can be directly applied to another, making it the court's duty to thoroughly
examine the evidence and make judicious decisions in the administration of justice.

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