Unlawful Assembly and Public Peace & Security

 Unlawful Assembly and Public Peace & Security

1- Introduction

An assembly of five or more person to do an illegal act is called unlawful assembly
There are various illegal acts which are done by assembly to become unlawful assembly. Some are mention u/s 141 of PPC

2- Relevant Law

Section 127-132
Cross Reference: Section 141, of PPC

3- According to Section 141 PPC

An assembly of five or more persons becomes an unlawful assembly if the object of that assembly is,
                              》To overawe or show of Criminal force to provincial, Central, legislature, public servant in exercising his power
                              》To resist the execution of any law or legal process
                              》To commit mischief, criminal trespass
                              》To deprive a person from possession of property or enjoyment of right of way or use of water
                              》To compel a person do an illegal act or to omit a legal act.

4- Disburse of Unlawful Assembly Cause Breach of Peace

An unlawful assembly which cause breach of public peace is disburse,

I- Authority to disburse

Officer in charge of police station has to disburse unlawful assembly

III- Grounds for order of Disburse

                             》Unlawful assembly likely to cause disturbance of public Peace
                             》Unlawful Assembly likely to cause disturbance of Public tranquility and Security

5- Penalty for Disturbance

I- U/S 145 PPC

Joining or continuing in unlawful assembly, knowing it has been commanding to disburse shall be punished for 2 year or fine or both

II- U/S 151PPC

Knowingly joining or continuing in assembly of five or more persons after it has Commanded to disperse Shall be punished for 6 months or fine or both

6- Modes of Dispersing unlawful Assembly

I- Use of force

                            》When civil force is to be used to be disperse assembly
                            》S.H.O is authorized to use civil force
                            》Assistance of any male person
                            》Arresting and confining the person
                            》Power to fire with permission of ASP, DSP Specific Permission

II- Use of military force

A)- Military force maybe used, when assembly
                             》Cannot be disperse by civil force
                             》It is necessary For public Security
B)- Police officer not below the rank of ASP, DSP authorized to use military force
C)- Duty of armed force's had to disburse unlawful assembly
D)- Arresting and Confining Person

7- Power of Commissioned military officer to disburse

I- No Communication with Police officer not below the rank of ASP, DSP, military officer disperse assembly by force
II- May arrest and confine any person forming part of assembly

8- Protection against prosecution for acts done u/s 127-131

General Rule

No prosecution against any person for any act purporting to be done u/s 127-131 CrPC Instituted in in any Criminal force
Exception to General Rule Except with Sanction of
                             》No police officer acting under this Section 127-131 in good faith
                             》No police officer acting u/s 131 in good faith
                             》No person doing any act in good faith Compliance with requisition u/s 128 or 130 or 181
                             》No interior officer or Soldier, Sailor or airman in the armed forces doing any act in obedience to any order which he was bound to obey.

9- Conclusion