An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is:
- To overawe by criminal force, or show of criminal force, 1the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or
- To resist the execution of any law, or of any legal process; or
- To commit any mischief or criminal trespass, or other offence; or
- By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
- By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanations
- An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.
IPC Section 141 Simplified Explanation
IPC Section 141 of the Indian Penal Code (IPC) defines what constitutes an “unlawful assembly.” According to this section, an assembly of five or more persons is designated as “unlawful” if the everyday object of the persons composing that assembly is:
- To overawe by criminal force or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant.
- To resist the execution of any law or any legal process.
- To commit any mischief, criminal trespass, or other offence.
- Using criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right.
- Using criminal force or show of criminal force compels any person to do what he is not legally bound to do or to omit to do what he is legally entitled to do.
Is IPC Section 141 Bailable?
IPC Section 141 itself does not specify whether the offence of being part of an unlawful assembly is bailable or non-bailable. However, being part of an unlawful assembly is typically treated as a bailable offence unless the assembly engages in more severe actions that lead to non-bailable charges under other sections.
IPC Section 141 Punishment
The punishment for being a member of an unlawful assembly is not directly outlined in Section 141. Instead, it depends on the specific actions taken by the assembly and other applicable sections of the IPC. For instance, if the unlawful assembly turns violent or commits any other offence, the punishments would be applied according to the relevant sections for those offences.
Example of IPC Section 141
A real-life example of IPC Section 141 being invoked occurred during a large protest. Participants gathered peacefully but later became violent and destructive. The police charged the group with being an “unlawful assembly” as they started to damage public property and posed a threat to public safety and order. The participants were arrested under this section along with other relevant charges based on the specifics of their actions during the protest.
