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.
IPC Section 142: Simplified Explanation
IPC Section 142 of the Indian Penal Code (IPC) specifies the conditions under which a person is considered a member of an unlawful assembly. This section explains that anyone who, knowing that an assembly is unlawful, intentionally joins or continues in that assembly is deemed a member of an unlawful assembly. This includes individuals who join the assembly after it has been declared unlawful and those who continue it despite knowing its unlawful nature.
Is IPC Section 142 Bailable?
IPC Section 142 itself does not specify whether the offence of being a member of an unlawful assembly is bailable or non-bailable. Typically, this offence is considered bailable unless the circumstances or the severity of actions taken by the unlawful assembly suggest otherwise and lead to additional, more severe charges under other sections of the IPC.
IPC Section 142 Punishment
This section does not explicitly define the punishment for being a member of an unlawful assembly under Section 142. The consequences and legal repercussions depend on the overall actions of the assembly and any additional offences they may commit. The courts determine the exact punishment based on the nature and gravity of the unlawful activities and other related charges.
Example of IPC Section 142
A real-life example of IPC Section 142 being applied occurred during a protest that was initially permitted but later declared unlawful due to violent behaviour. Several protesters who knew the assembly was declared unlawful but continued participating were arrested under this section. The police charged them for being part of the now unlawful assembly, focusing on those who had explicit knowledge of the assembly’s changed status but chose to remain involved.
