Unlawful Assembly

Unlawful Assembly

1. INTRODUCTION

"An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so, conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they will disturb the peace tumultuously; or will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously."

Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group is about to start the act of disturbance, it is termed as a rout. If the disturbance is commenced, then it is termed as a riot. "Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a manner that would have made the assembly unlawful if they had assembled in that manner for that purpose."

1. INDIAN PERSPECTIVE:-

Article 19 (1) (b) of the Constitution confers the fundamental right to assemble peacefully and without arms. However, Section 141 of the IPC aims to criminalize unlawful assembly. An unlawful assembly as per Section 141 of Indian Penal Code, 1860 (IPC) means an assembly of 5 or more persons if the common object of the assembly is-

1. To overawe by using criminal force or show criminal force, to Central or any State Government or Parliament or any State Legislature or any public servant.
2. To oppose the performance of any law or legal process.
3. To carry out any mischief or criminal trespass or any other offence.
4. By use of criminal force takes possession of any property or deprives any person of the right to the way or the use of water or any incorporeal right.
5. With the use or show of criminal force compels any person to do any illegal act.

The essence of Section 141 requires 5 persons and their common object. Being simply present with other members without any common object does not amount to an unlawful assembly. The mere presence of any person in an assembly without any common object does not make him the member of the unlawful assembly. In Bhanwar Singh v. the State of M.P.[1], the court held that the common object of an unlawful assembly depends firstly on whether such object can be classified as one of those described under Section 141; secondly, such common object need not be the product of prior concert but may form in spur of the moment, finally, nature of such common object is a question of fact to be determined by considering the nature of arms, nature of assembly, behaviour of members etc. The common object essentially to be examined keeping in view the acts of the members and the surrounding circumstances of a particular case. Further, there is always a possibility that an assembly may be turned into an unlawful one.

Member of an Unlawful Assembly

Section 142 of IPC reads – “Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly. This section cannot be attributed to a person who knows that the assembly is unlawful and is present as a just bystander. In the case of Apren Joseph[2], it was held that the test is whether the person knows the common object of the assembly and continues to keep its company due to his own free will.

Section 143 of the IPC embodies the punishment for being a member of an unlawful assembly.
Section 144, IPC aims to punish the persons armed with a weapon, who are a part unlawful assembly.

Section 145 of IPC prescribes punishment for knowingly joining an unlawful assembly which has been commanded to disperse. This section is in par with Section 151 and 148 of IPC. Section 151, IPC talks about the cases of special nature where disobedience will lead to a breach of public peace, further, Section 188, IPC deals with cases where there is a violation of any legal order commanded by any public servant. Section 129 of Code of Criminal Procedure provides for special powers to a police officer to command dispersal of an unlawful assembly.

Dispersal of Unlawful Assembly by use of Civil Force:

Section 129 of Cr.P.C. aims to protect public peace. Section 129 confers power to Executive Magistrate or any police officer not below the rank of sub-inspector to command for the dispersal of any unlawful committee or any assembly of 5 or more persons which is likely to cause a disturbance of the public peace. The power given under this section is subject to following conditions:

1. The assembly must be of 5 or more persons
2. such assembly is likely to cause a breach of public peace
3. such assembly need to be dispersed
4. Not to use force until and unless assembly does not disperse, despite being ordered to disperse.

Protection against Prosecution

Section 132, CrP.C. provides protection to persons to who had done any act in the persuasion of their power under Section 129, 130 and 131. As per Section 132(1), CrP.C., no prosecution shall lie against any person, for any act done pertaining to Section 129, 130 and 131, in any Criminal Court except:

1. with the prior permission of the Central Government where the person is an officer or member of the armed forces;
2. with the prior permission of the State Government in any other case.

3. INTERNATIONAL PERSPECTIVE

Unlawful Assembly in the United Kingdom

Unlawful Assembly in U.K. means an assembly of 3 or more persons formed to commit a crime or to carry out any lawful or unlawful common purpose in such a manner which would jeopardize the public peace. In Beatty v. Gillbanks[3] , An assembly, otherwise lawful, was not made unlawful if those who take part in it know beforehand that there will probably be organized opposition to it, and that it may cause a breach of the peace. An assembly in U.K. cannot be rendered unlawful unless it is proclaimed by a statute.

Unlawful Assembly in Hong Kong

The ordinance defines unlawful assembly as an assembly of 3 or more persons conducting themselves in a disruptive manner or who have gathered to cause the breach of the public peace or provoke others to cause the breach of public peace. The punishment for the members of an unlawful assembly is the imprisonment up to 5 years in case conviction on indictment and a level two fine along with three years imprisonment in case of summary conviction[4].

Unlawful assembly in Canada

Under Part II of the Canadian Criminal Code (Offences Against Public Order), Unlawful Assemblies and Riots is when the assembly of three or more people who cause fear and on reasonable grounds disturb peace in the neighbourhood is against the law.

[1] (2008) 16 SCC 657.

[2] 1973 SCR (2) 16

[3] 1882, 9Q. B. D. 308.

[4] R. v. Fursey, 1833, 3 St. Tr. n.s. 543, 567.

[Author’s Profile: Yash Singh, B.A.LLB. (HONS.), 2ND YEAR, 4TH, Faculty Of Law, University of Allahabad]