What is Unlawful Assembly. When an Assembly Becomes an Unlawful Assembly

 

UNLAWFUL ASSEMBLY

What is Unlawful Assembly

1- INTRODUCTION

An unlawful assembly is a group of five or more persons who have gathered for a common purpose. When five or more person gathered for an unlawful object Called unlawful assembly.

2- Relevant Law 

Section 141 to 149 of PPC

3- Meaning of Assembly

A group of persons who have -gathered for a common purpose. 

4- Unlawful Assembly u/s 141

An assembly of five or more persons is designated an unlawful assembly if the common object of the persons composing That assembly is,

            Firstly:- To overawe by criminal force or show of force

                           》In federal government

                           》Any provincial government or

                           》Legislature

                           》Any public Servant in exercise of Lawful power of Such public Servant

            Secondly:- To resist the execution of any law or legal process

            Thirdly:- To commit any mischief or criminal trespass or other offence.

             Fourthly:- By means of Criminal Force or show of criminal force to any person,

                            》To take or obtain possession of any property

                            》 To deprive any person of enjoyment of right of way or of use of water or of right of which he is in possession or

                            》To enforce any right or supposed right

              Fifthly:- By means of criminal or show of criminal force

                            》To compel any person to do what he is not bound to do or to permit to do what he is legally entitled to do.

5- Ingredients u/s 141

An assembly of five or more persons

To designate an assembly there must be gathered persons for Common purpose and to designate an unlawful assembly if the Common object of the persons composing that assembly is as mentioned above. To constitute an unlawful assembly, assembly must have five or more persons having Common object of all 

Having common object:-

                               》To overawe an authority

                               》To resist execution of law

                               》To Commit an offence

                               》To interfere in property

                               》To compel any person to do or not  to do something

6- When an Assembly Becomes unlawful assembly

An assembly may unlawful from the very beginning so it may be an assembly which was not unlawful when it is assembled, may Subsequently becomes an unlawful assembly.

7- Who maybe called member of unlawful assembly u/s 142

 Whoever being aware of facts which renders any assembly an unlawful assembly, intentionally joins that assembly or continues in it is said to be a member of an unlawful assembly.

8- Offence committed in prosecution of common object u/s 144

If an offence is committed by member of an unlawful assembly in prosecution of the Common object of that assembly of that assembly member of that assembly such as member knew to be likely in prosecution of that object, every person who at the time of committing of that offence is a member of Such assembly is guilty of that offence.

9- Punishments:

Following are the Punishments of Unlawful Assembly, 

              I- Being member of unlawful assembly u/s 143 Imprisonment = 6month or fine

              II- Joining unlawful assembly armed with weapon Imprisonment = 2 year or fine or both

              III- Joining or continuing assembly which commanded to disperse

Imprisonment — 2 years or fine or Both

9- Conclusion. 

ReplyForward