Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extent to two years, or with fine, or with both.
IPC Section 145: Simplified Explanation
IPC Section 145 of the Indian Penal Code (IPC) addresses the actions of individuals who join or continue in an unlawful assembly, knowing that a public authority has commanded it to disperse. This section underlines the legal consequences for those who defy the orders of authorities trying to disperse an unlawful assembly. The purpose of this provision is to uphold public order and prevent the escalation of conflicts.
This section makes it clear that individuals who remain part of an unlawful assembly, despite clear commands to disperse, are committing a more serious offence due to their defiance of lawful authority.
Is IPC Section 145 Bailable?
No, the offence under IPC Section 145 is non-bailable. This categorization reflects the increased severity of the offence, which involves defiance of explicit legal commands intended to restore public order.
IPC Section 145 Punishment
Under IPC Section 145, the punishment is imprisonment for up to two years, a fine, or both. The severity of the punishment is based on the nature of the defiance, the potential for harm or disturbance caused by the continued assembly, and other relevant factors in the case.
Example of IPC Section 145
A real-life example of IPC Section 145 being applied occurred during a large-scale demonstration that had initially started as a peaceful protest. However, when the situation escalated and became a threat to public safety, authorities issued an order to disperse. Some protesters chose to ignore this command and continued their demonstration. These individuals were subsequently arrested and charged under Section 145 for their refusal to disperse, facing legal consequences, including potential imprisonment.
