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A STUDY ON OFFENCES AGAINST PUBLIC TRANQUILITY

Submitted to
Mr. Anant Singhal

Sidratul Muntaha

BA LLB (Batch: 2021-2026)

Section ‘C’

Enrolment No. 10751103821

DELHI METROPOLITAN EDUCATION

Affiliated to GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

Submitted in November 2022

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OFFENCES AGAINST PUBLIC

TRANQUILLITY

INTRODUCTION

• Offences against public tranquillity come under chapter VIII of IPC i.e., Section 141-160.
• The public tranquillity is offences which are not only against the person and property of
an individual but also an offence that is against the state.
• These offences are injurious to the public peace. The laws in India provide a
comprehensive framework for the management of order in public spaces.
• These offences are group offences which are generally committed by the large number of
persons resulting to disturbance of public tranquillity and peace in the society.
• As per this provision when a large number of persons engage in a criminal act with a
common intention then each of the persons are made liable.
• Offences in this chapter may be classified into following four categories:
ˉ Unlawful Assembly
ˉ Rioting
ˉ Promoting enmity between different class
ˉ Affray
• For the development of a society, there must be peace in the society.
• Hence the framers of the Code incorporated these provisions stating and defining the
offences which are against the public tranquillity.

UNLAWFUL ASSEMBLY

 Unlawful Assembly – Definition – Section 141

ˉ An assembly which consists of five or more person is defined as unlawful assembly.
If the common object of the assembly is:
a. To use or to show criminal force against the public servant, state or central
government
b. To resist the execution of law or legal process.
c. To commit any mischief or criminal trespass on any person.
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d. To use the criminal force and deprive the enjoyment of right of any person or
obtain the possession of other person.
e. To use the criminal force and compel a person to do what he is not legally
bound to do.
ˉ Essential ingredients of Section 141:
a. In unlawful assembly, there must be more than 5 members.
b. The common intention of assembly must be unlawful.
c. There should be some criminal trespass or other offence such as using a
criminal force to compel any person to do any illegal act.
 Being a member of an unlawful assembly – section 142
ˉ Section 142 deals with being a member of unlawful assembly.
ˉ Whoever render of the fact that it is an unlawful assembly and intentionally joins in
that, or continues in it is said to be an member of unlawful assembly.
ˉ The mere presence of a person in that assembly does not constitute such person as a
member of unlawful assembly.
ˉ When an unlawful assembly proceeds with a common object as mention in section
141 but a person withdraws from that assembly then it clearly shows that he or she is
not a member of unlawful assembly.
ˉ When a member of unlawful assembly has common object but could not proceed due
to the physical weakness or any other injury then such person is said to constitute an
member of unlawful assembly.
ˉ Common Intention
a. Mere presence of a person in a place, where the members of the unlawful
assembly has assembled does not incriminate him.
b. The members of the unlawful assembly must possess a common object and
intention and do any one of the act as mentioned in section 141 of IPC.
c. Such as when five or more person kidnap a woman and keep her in wrongful
confinement then such assemble is an unlawful assembly.
d. Section 149 of IPC deals with the common object. As per this provision every
member of unlawful assembly is punishable.
 Punishment –section 143
ˉ Section 143 imposes punishment on the person who is the member of the unlawful
assembly. This section gives punishment which may extend upto six years or fine or
both.
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 Joining or continuing in an unlawful assembly armed with dead weapons – Section

144
ˉ This comes under Section 144, of the Act which could be seen as an extension of
Section 143.
ˉ Under this Section (144) a person who joins an unlawful assembly with deadly or
dangerous arms would be punished for 2 years or fine or both.
ˉ Under this Section, a person who is although not carrying a deadly weapon, but is a
part of an unlawful assembly will still be liable to be punished.
ˉ Ingredients
a. Joining assembly with a deadly weapon.
b. The weapon could be anything that has the potential to cause death.
c. The definition of deadly weapon varies upon the facts of the case. Any small
object which could take someone’s life could also be termed as a deadly
weapon.
 Joining or continuing in an unlawful assembly, knowing it has been commanded to
disperse section 145
ˉ This comes under section 145 of the Act, which states that whoever joins or continues
in an unlawful assembly, knowing that such assembly has been commanded in the
manner prescribed by law to disperse, shall be punished with imprisonment for a term
which may extend to 2 years or with fine, or with both.
 Liability for constructive criminality – section 149
ˉ 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.
ˉ Section 149 of the Act, makes the member of an unlawful assembly constructively
liable for the act done by any member of the unlawful assembly, however, it is to be
noted that the act done by the member should be in pursuance of the common
objective, otherwise other members of the assembly, who have not committed the
offence could not be held liable.
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ˉ Difference between common intention and common object:

 Rendering aid in various ways – section 150,157, 158

ˉ Section 150 basically deals with the perpetrator and the originators of the crime.
ˉ This Section is created with the objective to punish the persons who are the mind
behind the crime that is committed.
ˉ The person who connives or hires the people that actually indulges in the commission
of the crime.
ˉ The law seeks to treat these persons at par with the persons who have actually
committed the offence.
ˉ Thus this section does not deal with the abetment or participation in the crime, but
goes at the initial level of the planning the crime and hiring people to do such criminal
acts.
ˉ Section 157 ensures the conviction of the person who-
a. Assembles or harbours people in a house or any other premises.
b. The house or premise must be under the person so accused.
c. The objective of such assembly, hiring or employment is to be a part of an
unlawful assembly.
d. The person who is convicted for the acts mentioned above must know about
these facts.
ˉ Section 158 of the IPC convicts a person who employs or hires himself to be part of
the unlawful assembly and hence assists it.
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RIOTING

 Definition and Punishment- Rioting (sections 146, 147).

ˉ Section 146 and 147 of the IPC covers the act of rioting. While section 146 covers the
act of rioting, section 147 covers the punishment of rioting.
ˉ Section 146 – rioting – whenever forces or violence is used by an unlawful assembly,
or by any member thereof, in prosecution of the common object of such assembly,
every member of each assembly is guilty of the offence of rioting.
ˉ Section 147 – punishment for rioting – 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.
 Rioting with deadly weapon (section 148).
ˉ Punishment for rioting is present under section 148 of the IPC and is a description of a
term of 3 years or fine or both. This offence is cognizable and could be tried by the
first class magistrate.
ˉ This section demands the same ingredients as that of rioting but with the addition of a
deadly weapon.
ˉ The weapon could be anything that is so dangerous that it can cause the death of a
person.
 Assaulting or obstructing a public servant in the suppression of a riot (section 152)
ˉ Section 152 prescribes punishment for disobedience to the order of a public servant
commanding an assembly to disperse.
ˉ This section punishes more severely persons who assault a public servant
endeavouring to disperse an unlawful assembly.
ˉ It is intended to prevent the use of force on a public servant in order to prevent him
from discharging his duty.
ˉ The punishment under this Section is up to 3 years or fine or both.
 Wantonly giving provocation with intent to cause riot (section 153)
ˉ This offence is present under Section 153 of IPC, 1860. Here, if the person with a
malign intention to provoke someone knowing completely that, this provocation could
lead to rioting, then that person would be booked under Section 153 of the IPC.
ˉ The person provoking riot has a malign intention and acts wantonly. Under this
Section, there is no need for rioting to actually take place, but only the mere
provocation is enough to be liable for punishment under this Section.
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ˉ However the punishment would differ based on the consequences of this provocation,
if rioting took place then the punishment would be for a maximum of 1 year or fine or
both and if rioting does not take place then the maximum imprisonment could be up
to 6 months or fine or both.
 Liability of the owner or occupier of land on which an unlawful assembly is held or
a riot is committed (section 154).
ˉ This section states that whenever any unlawful assembly or riot takes place, the owner
or occupier of the land upon which such unlawful assembly is held, or such riot is
committed, and any person having or claiming an interest in such land, shall be
punishable with fine not exceeding one thousand rupees,
ˉ Many duties of the police are by law imposed on land-holders. Section 154 proceeds
apparently upon a presumption that, in addition to any such duty, the owner or
occupier of land is cognizant in a peculiar way of the designs of those who assemble
on his land, and is able not only to give the police notice, but also to prevent and to
disperse and suppress the assembly
 Liability of the person for whose benefit a riot is committed (section 155)
ˉ In this if a riot took on behalf of any person, or if that person takes some benefit from
the riot so committed, that person is liable to be booked under section 155 of the IPC.
ˉ Moreover, if the person himself or his agent or manager knew that riots of this nature
is about or likely to take place and he or his agent or manager has not taken any
lawful steps to suppress or undermine the effect of the riot then also the person is to
be punished. The main objective of this Section is to bring persons with mala fide
intention under the law and to prosecute them accordingly
 Liability of the agent of owner or occupier for whose benefit a riot is committed
(section156).
ˉ This section states that whenever any unlawful assembly or riot takes place, the owner
or occupier of the land upon which such unlawful assembly is held, or such riot is
committed, and any person having or claiming an interest in such land, shall be
punishable with fine not exceeding one thousand rupees,
ˉ Many duties of the police are by law imposed on land-holders. Section 154 proceeds
apparently upon a presumption that, in addition to any such duty, the owner or
occupier of land is cognizant in a peculiar way of the designs of those who assemble
on his land, and is able not only to give the police notice, but also to prevent and to
disperse and suppress the assembly.
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PROMOTING ENMITY BETWEEN DIFFERENT CLASS

ˉ This category of public offence comes under Section 153A and 153B of the IPC.
ˉ Definition: This Section makes the promotion of enmity between different groups on
grounds of Religion, Race, Place of birth, Residents, Language, etc. punishable. The
jurisdiction of this Section is very wide and also includes offence on moral corruption.
ˉ Punishment: The punishment under this Section is maximum imprisonment of 3
years or fine or both. However, if the above-mentioned offence is committed inside a
religious institute then the punishment would exceed up to 5 years and could be liable
for fine as well.
 Constitutional Validity of Section 153A
ˉ This Section is challenged on the ground that it violated freedom of speech and
expression enshrined under Article 19(1)(A) of the Indian Constitution. This Section
puts a restriction on the speech or acts which could potentially encourage discord
among various groups and classes.
ˉ However, the court of law has time and again upheld the validity of this Section, as it
comes under the purview of public order and to some extent under the sovereignty
and security of the nation under the reasonable restrictions. The scope of public order
has grown leaps and bounds over the years.
 Essential Ingredients of Section 153A
ˉ Promotion of enmity between different groups of religion, race, caste, residence, place
of birth, community or any other group.
ˉ Acts that disturb the public tranquillity and encourages discords between different
groups or castes or communities.
ˉ Acts or objects that cause fear or alarm or threat or insecurity for any religious, racial,
language or regional group or caste or community by the use of criminal force or any
sort of violence against them.
ˉ Mens Rea is an important element to hold a person liable for punishment under this
Section (Bilal Ahmad Kalo vs. State of Andhra Pradesh).
ˉ The presence of two communities is important to attract this provision. Mere
derogation of the feelings of one community without any reference to any other
community is not considered under this Section. (Bilal Ahmad Kalo vs. State of
Andhra Pradesh).
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 Scope of Section 153A

ˉ In the case of Gopal Vinayak Godse vs. Union of India, Bombay High Court
decided the scope of Section 153A of the IPC. It held that-
a. It is not necessary that enmity or hatred actually arose between different
classes, because of certain acts or objects.
b. The matter which comes under the purview of Section 153A of the IPC,
should be considered a whole and not some stray or isolated parts or portions.
c. It is necessary to consider the class for which the act or the object, meant to
promote enmity is subjected to. The current dynamics between the classes so
taken should also be taken into account.
d. Truth is no defence under Section 153A. In fact, the greater the truth, the
greater the impact on the mind on the minds of the people, the act or object
was subjected to.
 Section 153B
ˉ This section was added to contain the rising disharmony amongst various
communities. This was added in the year 1972, in which there was a high level of
tension amongst various castes and this was affecting not only the social harmony
prevalent in the society but was also affecting the national integrity of the country.
ˉ Publishes an imputation that certain person who belongs to a particular class, religion
or caste cannot bear allegiance to the national integrity.
ˉ A certain group of people belonging to particular castes or community are bereaved of
their right to citizenship.
ˉ Any of the aforementioned acts must perpetuate discord and harmony amongst
different classes of people.

AFFRAY

 Section 159 and 160 of the IPC, 1860 deals with affray and its punishment.
 Definition:
ˉ Affray refers to fighting in the public so that it disturbs the public order and peace.
For affray to take place the presence of two or more persons is a must and their action
should negatively affect the tranquillity of their surroundings. However, most
importantly the effect of their behaviour should create disorder in society and for the
people.
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ˉ For example, if one person comes and slaps another person, that would not be counted
as an affray, but if that act threatens the public peace then this act would amount to
affray.
 Punishment:
ˉ Based on the impact of their behaviour the guilty could also be convicted under
unlawful assembly or rioting. The punishment usually depends upon the impact that
their behaviour creates in the society or the level of threat they pose.
ˉ It is important to note that it is not necessary that any offence committed in public is
affray; only the offence that has the potential to cause a disturbance in the public
tranquillity could be termed as affray.
ˉ Punishment for affray could be one month of imprisonment or fine of Rs 100 or both.

CASE LAWS

 State of U.P vs. Sughar Singh:

ˉ Five accused were lying in a bush on either side of a lane, with armed guns.
ˉ When the deceased came near, the accused 4 and 5 exhorted him, and accuses no's 1,
2 and 3 shot the deceased with their guns respectively. Accused 1, 2 and 3 threatened
the witnesses.
ˉ The trial court held that all of these were sufficient to come to the conclusion that
these five accused had constituted an unlawful assembly and has members had
common object to kill the deceased.
ˉ They had a prearranged plan. The trial court convicted the accused. On appeal, the
high court quashed the conviction.
ˉ The state appealed to the Supreme Court. The Supreme Court upheld the conviction
against the accused.
 Aravindan vs. State of Kerala
ˉ A sudden quarrel arose between two parties.
ˉ Each party abused other party. There was no premeditated plan.
ˉ All of a sudden, each party attacked others.
ˉ The court held that neither of the parties would constitute the unlawful assembly.
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 Bilkis Yakub Rasool v. State of Gujarat (2019)

ˉ The case of Bilkis Yakub Rasool v. State of Gujarat (2019) brought before the Apex
Court concerned the Godhara train incident that took place in the state of Gujarat in
2002. The appellant, in this case, was a gang-raped victim of the 2002 rioting who had
lost her family in brutal attacks which was a part of the riot. When the case was
brought before the Supreme Court in 2019, the appellate aged 40 years was surviving
with her daughter, born after the incident, without bare necessities such as shelter,
clothing, and food. The issue before the court was whether the appellant could be
compensated, and get justice under Section 147 of the Indian Penal Code, 1860.
ˉ Taking into account the sufferings of the appellant in the present case, the Supreme
Court made the following observations:
ˉ A compensation of Rs 50 lakhs was to be awarded to the appellant;
ˉ The Court ordered the Gujarat government to take stringent disciplinary actions
against the police officials who refused to carry out their duty of extending help to the
appellant when was required to;
ˉ The Court directed the state government to provide a government job to Bilkis Rasool
within two weeks of the enforcement of the judgment taking into account the
conditions in which the appellant and her daughter were living.
ˉ Thus the amount of compensation to be granted to the aggrieved party in cases of
rioting depends on the merits of the case and therefore differs from one case to the
other.
 Gadadhar Guru and Anr. v. State of Orissa (1989)
ˉ The case of Gadadhar Guru and Anr. vs. the State of Orissa (1989) which appeared
before the Orissa High Court concerned Section 159, and 160 dealing with affray, and
punishment for affray respectively. The Court laid down three necessary ingredients
that serve as essence of affray stating that an offence of affray can take place only if
these elements are abided by, namely:
a. Two or more people involved in a fight,
b. The fighting must be witnessed in a public place, and
c. The consequence of such fighting must cause disturbance of public peace.
ˉ In this present case, the first two ingredients were followed but there was no evidence
available that could show that the third essential of the offence of affray took place.
Hence, the petitioner was discharged from the charge of the affray.