(..11..)
PUBLIC TRANQUILITY
(CHAP. VIII Ss. 141 TO 160)
QUESTION BANK
Q.1. What is unlawful assembly? When a person is said to be the member
of Unlawful assembly?
Q.2. Define ‘Unlawful assembly’, Distinguish it’s from rioting and affray.
Q.3. Define ‘Unlawful Assembly’. Can a lawful assembly become
unlawful?
Q.4. Define Unlawful assembly, and distinguish between common object
and common intention.
Q.5. Explain in detail rioting as a specific offence.
SHORT NOTES
- Riot
- Unlawful assembly
- Unlawful assembly and Royalty
SYNOPSIS
I] UNLAWFUL ASSEMBLY
- A) Unlawful Assembly (S. 141)
- B) Being a member of Unlawful assembly (S. 142 and S. 143)
- C) Liability for Constructive Criminality (S.149)
- D) Other Cognate offences of ‘Unlawful Assembly ’
II] RIOTING (Ss. 146, 148, 152-153)
- A) Ingredients of riot: –
- B) Distinction between ‘rioting’ (S.146) and ‘unlawful
assembly’ (S.141)
III] AFFRAY (Ss. 159-160)
Chapter VIII, from Ss.141 to 160, deals with offences committed by a group of persons who disturb public peace (i.e., tranquility). These offences fall in between offences against the State and offences against the individual. They are as follows-
1) Unlawful Assembly[1] (Ss. 141,145,150,151,157 and 158)
2) Rioting[2] (S.146- to S. 148 and Ss.152 to 156)
3) Promoting enmity between different classes[3] (S. 153 A)
4) Affray[4] (Ss. 159 and 160).
I] UNLAWFUL ASSEMBLY:-
Under this chapter, the mere assembly of persons is not punishable. However, where the public assembles in such a way as to cause terror in the people’s minds and endanger public peace, the assembly is termed an ‘unlawful assembly’. S. 141 defines unlawful assembly, and S. 142 to S. 145, S. 150, S. 151, and S. 158 deal with the punishments to the persons constituting an unlawful assembly.
A) Unlawful Assembly (S. 141): –
An unlawful assembly is an assembly of five or more persons if their common object is: –
1) to overawe by criminal force or by show of criminal force-
- i) the Central or State Government, or
- ii) the Parliament or Legislature of any State, or
iii) any public servant in the lawful exercise of the power of such public servant-
2) to resist the execution of any law or legal process,
3) to commit any mischief or criminal trespass or other offences, or
4) by means of criminal force or show of criminal force to any person.
- a) to take or obtain possession of any property or
- b) to deprive any person of –
- i) the enjoyment of the right of way or
- ii) the use of water, or
iii) other incorporeal rights of which he is in possession or enjoyment or
- c) to enforce any right or supposed right or
- d) to compel any person –
- i) to do what he is not legally bound to do,
- ii) to omit to do what he is legally entitled to do
An assembly which was not unlawful when assembled may become unlawful subsequently.
Thus, an assembly of five or more persons with one or more of the above seven objects becomes unlawful.
However, mere presence does not make a person a member of the unlawful assembly unless shown to have done something in furtherance of their common object.[5] . In Peary Mohun Sivear’s Case[6]
Facts:- There was a long-standing dispute between the accused and some other persons relating to the ownership of the piece of land. One day, the accused went to sow the land with indigo, accompanied by a group of men armed with sticks, who kept off the men belonging to the other group by brandishing their sticks while the land was being sowed.
Held: – By doing so, they have constituted unlawful assembly.
B) Being a Member of Unlawful Assembly (S. 142 and S. 143): –
S.142 defines a member of unlawful assembly as
| “Whoever, being aware of facts which render any assembly an unlawful assembly, |
intentionally |
i) Joins that
assembly, or ii) Continues in it, |
is said to be a
member of an unlawful assembly”.
|
S.143 provides the punishment for being a member of an unlawful assembly. Punishment – imprisonment up to six months or fine, or both.
[Note- Whenever the sentence “imprisonment up to …..years” is mentioned, it is to be taken as “imprisonment which may extend to ……years”]
C) Liability for Constructive Criminality (S.149): –
S.149 provides the constructive liability of one member of an unlawful assembly for the act done by another member of the assembly in the prosecution of a common object-
It provides that –
If any member of an unlawful assembly commits an offence-
- i) in the prosecution of the common object of that assembly or
- ii) such (offences) 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 committing that offence, is a member of the same assembly and is guilty of that offence.
In Fatnay’s Case[7]
Facts:- A body of heavily armed men set out to take a woman back by force. Consequently, one member of the party committed the murder of men from the opposite party.
Court Held: – that the members of an unlawful assembly must be taken to have known that someone was likely to be killed. Therefore, all the party members were held constructively guilty of murder.[8].
The distinction between ‘in furtherance of common intention’ under S.34 and ‘in the prosecution of common object’ under S.149.
( Discussed earlier in the topic of ‘joint offenders’ )
D) Other Cognate offences of ‘Unlawful Assembly[9]’:-
1) Joining an unlawful assembly armed with a deadly weapon
(Punishment- with imprisonment up to 2 years or with fine or with
both) (S. 144)
2) Joining or continuing in an unlawful assembly, knowing it has been
commanded to disperse (Punishment- imprisonment up to two
years, or with fine or with both) (S. 145)
3) Hiring of a person to join unlawful assemble (S. 150).
4) Harbouring person hired for an unlawful assembly. Punishment-
Imprisonment up to 6 months, or with a fine or with both(S. 157).
5) Being hired to take part in an unlawful assembly. Punishment–
imprisonment up to 6 months, or a fine or both (S. 158).
II] RIOTING (Ss. 146, 148, 152-153):-
- 146 defines the offence of rioting. It is defined as follows-
When force or violence is used by
- i) an unlawful assembly, or
- ii) by any member thereof, in the prosecution of the common object of such assembly,
– Every member of such assembly is guilty of the offence of rioting”.
The punishment prescribed is imprisonment for up to two years, a fine, or both (S.147). But if the offender is armed with deadly weapons, imprisonment for up to three years or fine, or both (S.148).
In short, Unlawful assembly + force = Riot.
A) Ingredients of Riot: –
1) the use of force or violence,
2) by an unlawful assembly (or by any member thereof)
3) in the prosecution of the common object of such assembly.
B) Distinction between ‘Rioting’ (S.146) and ‘Unlawful Assembly’ (S.141):-
A ‘riot’ is an unlawful assembly in a particular state of activity in which the use of force or violence accompanies activity. Thus, the use of force distinguishes rioting from unlawful assembly. In other words, unlawful assembly is a genus of which rioting is a species.
In Raghunath Rai’s Case[10]
Facts: – In this case, Several Hindus (More than five) acting in concert forcibly removed two cows and an ox from the possession of a Mohammedan person. They did this to prevent the killing of cows.
Held: – Accused were held guilty of rioting.
III] AFFRAY (Ss. 159-160):-
Public peace may also be disturbed by fighting in a public place. When-
1) two or more persons,
2) by fighting in a public place,
3) disturb the public peace.
They commit an affray (S. 159).
It is punishable by imprisonment for up to one month, a fine of up to Rs.100, or both (S 160).
In Jagannath Sah’s Case[11].
Facts: Two brothers were quarrelling and abusing each other on a public road, which resulted in a large crowd gathering and temporarily suspended traffic.
Held: – that, as no actual fight took place, no affray was committed.
*****
[1] बेकायदेषीर जमाव. [अवैध भीड़।]
[2] दंगा/ गोधळ, धुमाकूळ. [दंगा/ झगड़े]
[3] वेगवेगळया सामाजिक घटकात शत्रुत्व वाढवणे [विभिन्न सामाजिक समूहों के बीच शत्रुता बढ़ाना]
[4] दंगल/ मारामारी [दंगे/ झगड़े]
[5] Baladin V. State of U.P. AIR 1957 SC. 181.
[6] (1883) 9 Cal 639.
[7] 1942 Lah. 89
[8] In Chanda V/s. State of U.P. (2004 AIR SCW 2954)
Supreme Court observed that – in unlawful assembly it is not really necessary to determine as to which of accused persons forming part of unlawful assembly inflicted which particular or specific injury in course of the occurrence or in causing murder.
[9] बेकायदेषीर जमावासंबंधीचे गुन्हे [गैरकानूनी भीड़ से संबंधित अपराध]
[10] 1892 15 ALL 22.
[11] (1937) O.W.N. 37