Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
IPC Section 144: Simplified Explanation
IPC Section 144 of the Indian Penal Code (IPC) deals with the scenario where individuals join an unlawful assembly while armed with a deadly weapon. This section specifies that any member of an unlawful assembly who is armed with any deadly weapon or anything which, used as a weapon of offence, is likely to cause death is subject to enhanced punishment compared to those simply participating in the assembly without weapons.
This section is crucial in distinguishing between general members of an unlawful assembly and those who escalate the potential for violence and harm by carrying weapons.
Is IPC Section 144 Bailable?
No, the offence under IPC Section 144 is generally non-bailable. Given the increased severity of the offence due to the involvement of deadly weapons, individuals charged under this section usually require a court’s intervention to secure bail.
IPC Section 144 Punishment
The punishment under IPC Section 144 is more severe than that under Section 143. It includes imprisonment for up to two years, a fine, or both. The exact penalty is determined based on the nature of the weapon involved, the intent, and the potential threat posed by the individual’s actions within the assembly.
Example of IPC Section 144
A real-life example of IPC Section 144 being invoked occurred during a violent political protest. Several individuals within the protest were found carrying knives and other sharp objects intended to be used as weapons. When the police intervened, these individuals were charged under Section 144 for being part of the unlawful assembly and specifically for being armed with deadly weapons. Their actions led to heightened legal consequences, including the possibility of imprisonment for up to two years.
