129. Whoever, being a public servant, and having the custody of any State Prisoner or Prisoner of War, negligently suffers such prisoner to escape from any place of confinement, in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years,

Public servant negligently suffering Prisoner of State or War in his custody to escape.

and shall also be liable to fine.

Commentary.

According to English law it would seem that the mere fact of an escape is prima facie evidence of negligence on the part of the keeper. For it is his duty to keep the prisoner safely. But this may be negatived on the part of the defendant, by showing force, or other circumstances, which rebut the presumption. (1 Hale, P. C., 601.) No presumption, however, can be raised from the mere fact of an escape that it was voluntarily permitted, or that it was knowingly aided or assisted; and express evidence must be brought to this effect, if any conviction under s. 128 or s. 130 is desired.

Aiding escape, or rescuing, or harbouring such prisoner.

130. Whoever knowingly aids, or assists, any State Prisoner, or Prisoner of War, in escaping from lawful custody, or rescues, or attempts to rescue, any such prisoner, or harbours or conceals any such prisoner, who has escaped from lawful custody, or offers, or attempts to offer, any resistance to the recapture of such prisoner, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shali also be liable to fine.

Explanation.-A State Prisoner, or Prisoner of War, who is permitted to be at large on his parole within certain limits in British India, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.

For commentary on ss. 128-130, see Part II., §§ 260-264.

The following chapters of the Code, namely, IV. (General Exceptions), V. (Of Abetment), and XXIII. (Of Attempts to commit Offences), shall apply to offences punishable under the said ss. 121A, 294A, and 304A, and the said Chapters IV. and V. shall apply to offences punishable under the said ss. 124A, 225A, and 225B. (Act XXVII. of 1870, s. 13; Act XII. of 1891, Sched. II., Part 1.) As to the sanction necessary for prosecutions under this chapter (except s. 127), see Crim. P. C., 1898, s. 196, post Chapter XVI.

CHAPTER VII.

OF OFFENCES RELATING TO THE ARMY AND NAVY.

Abetting

mu

tiny, or attempting

to seduce a sailor,

131. WHOEVER abets the committing of mutiny by an officer, soldier, or sailor, in the Army or Navy of the Queen, or attempts to seduce any such officer, soldier, or sailor from his. allegiance or his duty, shall be punished with transportation for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

or soldier, from his

duty.

Explanation. In this section, the words "officer" and "soldier" include any person subject to the Articles of War for the better government of Her Majesty's Army, or to the Articles of War contained in Act No. V. of 1869 (Indian Articles of War). Act XXVII. of 1870, s. 6.)

Abetment

of

mutiny, if mutiny is committed in

132. Whoever abets the committing of mutiny by an officer, soldier, or sailor, in the Army or Navy of the Queen, shall, if mutiny be committed in consequence of that abetment, be punished with death, or with transportation for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

consequence there

of.

Abetment of an assault by a soldier, or sailor, on

133. Whoever abets an assault by an officer, soldier, or sailor, in the Army or Navy of the Queen, on any superior officer being in the execution of his office, shall be punished with his superior officer, imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

when in the execution of his office.

Abetment

of

such assault, if the assault is committed.

134. Whoever abets an assault by an officer, soldier, or sailor, in the Army or Navy of the Queen, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

135. Whoever abets the desertion of any officer, soldier, or sailor, in the Army or Navy of the

desertion of a soldier or sailor.

Abetment of the Queen, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Harbouring a deserter.

136. Whoever, except as hereinafter excepted, knowing, or having reason to believe, that an officer, soldier, or sailor, in the Army or Navy of the Queen, has deserted, harbours such officer, soldier, or sailor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Exception. This provision does not extend to the case in which the harbour is given by a wife to her husband. For commentary on s. 136, see Part II., §§ 260-264.

Deserter concealed on board merchant vessel through negli

137. The master, or person in charge, of a merchant vessel, on board of which any deserter from the Army or Navy of the Queen is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding five hundred rupees, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.

gence of master.

Abetment of act of insubordination by a soldier or sailor.

138. Whoever abets what he knows to be an act of insubordination by an officer, soldier, or sailor, in the Army or Navy of the Queen, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

138A. The foregoing sections of this chapter shall apply as if Her Majesty's Indian Marine Service were comprised in the Navy of the Queen. (Act XIV. of 1887, s. 79.)

139. No person subject to any Articles of War for the Persons subject Army or Navy of the Queen, or for any part of such Army or Navy, is subject to punishment under this Code for any of the offences defined in this chapter.

to Articles of War

not

punishable

under this Code.

Wearing the

140. Whoever, not being a soldier in the Military or Naval service of the Queen, wears any garb, dress of a soldier. or carries any token resembling any garb or token used by such a soldier, with the intention that it may be believed that he is such a soldier, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

CHAPTER VIII.

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY. For commentary on this chapter, see Part II., §§ 299-312, and special references to the following sections.

141. AN assembly of five or more persons is designated an "unlawful assembly," if the common object of the persons composing that assembly, is

Unlawful as

sembly.

First. To overawe by criminal force, or show of criminal force, the Legislative or Executive Government of India, or the Government of any Presidency, or any LieutenantGovernor, or any Public Servant, in the exercise of the lawful power of such Public Servant; or,

For commentary, see Part II, § 302.

Second. To resist the execution of any law, or of any legal process; or,

For commentary, see Part II., § 303.

Third.-To commit any mischief or criminal trespass, or other offence (see s. 40 ante); or,

For commentary, see Part II., § 304.

--

Fourth. 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,

For commentary, see Part II., §§ 305-307.

Fifth.-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.

For commentary, see Part II., § 308.

Explanation.-An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

of

142. Whoever, being aware of facts which render any assembly an unlawful assembly, intentionBeing a member ally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.

an unlawful

assembly.

For commentary on this section, see Part II., § 300

Punishment.

143. Whoever is a member of an unlawful assembly shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 144. 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.

Joining an un

lawful assembly

armed with any deadly weapon.

Joining, or continuing in, an un

145. 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 extend to two years, or with fine, or with both.

lawful assembly, knowing that it has

been commanded to disperse.

146. Whenever force, or violence, is used by an unlawful Force used by assembly, or by any member thereof, in member in prosecution of the common object of such prosecution of assembly, every member of such assembly common object. is guilty of the offence of rioting.

one

For commentary, see Part II., § 309.

147. Whoever is guilty of rioting shall be punished with imprisonment of either description for a Punishment for term which may extend to two years, or with fine, or with both.

rioting.