Rioting, armed with a deadly weapon.

148. Whoever is guilty of rioting, being armed with a deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

149. If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

Every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object.

For commentary, see Part II., § 309.

Hiring, or conniving at hiring of persons to join an

unlawful assembly.

150. Whoever hires, or engages, or employs, or promotes, or connives at the hiring, engagement, or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly, in pursuance of such hiring, engagement, or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence.

Knowingly join ing or continuing in any assembly of five or more per

151. Whoever knowingly joins, or continues in, any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

sons after it has been commanded to disperse.

Explanation.-If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145.

For commentary, see part II., §§ 310, 311.

Assaulting,

or

obstructing, public servant when sup

pressing riot, etc.

152. Whoever assaults, or threatens to assault, or obstructs, or attempts to obstruct, any public servant in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use, criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Wantonly giving provocation, with intent to riot.

cause

If rioting be committed.

153. Whoever malignantly, or wantonly, by doing anything which is illegal, gives provocation to any person, intending, or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for If not committed. a term which may extend to six months,

or with fine, or with both.

See Reg. v. Kahangi, 18 Bom., 578.

en

Promoting mity between

153A. Whoever by words, either spoken or written, or by signs, or by visible representations, or otherwise, promotes or attempts to promote feelings of enmity or hatred between different classes of Her Majesty's subjects shall be punished with imprisonment which may extend to two years, or with fine, or with both.

classes.

Explanation. It does not amount to an offence within the meaning of this section to point out, without malicious intention and with an honest view to their removal, matters which are producing, or have a tendency to produce, feelings of enmity or hatred between different classes of Her Majesty's subjects. (Act IV. of 1898, s. 5.)

Commentary.

As to prosecutions under this section, see Crim. P. C., 1898, s. 196, post Part II., Chapter XVI., Sanction for Prosecution.

Owner, or occupier, of land on which an unlawful assembly is held.

154. Whenever any unlawful assembly or riot takes place the owner, or occupier, of the land upon which such unlawful assembly is held, or such riot is committed, and any person having, or claiming, an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he, or his agent, or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his, or their, power to the principal officer at the nearest Police station, and do not, in the case of his, or their, having reason to believe that it was about to be committed, use all lawful means in his, or their, power to prevent it, and, in the event of its taking place, do not use all lawful means in his, or their, power to disperse, or suppress, the riot or unlawful assembly.

Commentary.

The knowledge of the owner or occupier in cases of this kind is immaterial. He is liable for the acts of commission and the acts of omission, not only of himself, but of his agent or manager (per curiam, Reg. v. Payag Singh, 12 All., 550).

Liability of person for whose

benefit a riot is committed.

155. Whenever a riot is committed for the benefit, or on behalf, of any person who is the owner, or occupier, of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted, or derived, any benefit therefrom, such person shall be punishable with fine, if he, or his agent, or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his, or their, power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same. 156. Whenever a riot is committed for the benefit, or on behalf, of any person who is the owner, or occupier, of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted, or derived, any benefit therefrom, the agent, or manager, of such person shall be punishable with fine, if such agent, or manager, having reason to believe that

Liability of agent of owner or occupier, for whose benefit a riot is committed.

such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place, and for suppressing and dispersing the same.

Commentary.

In order to convict a manager under this section, it must be shown by legal evidence, (1) that a riot as defined in the Penal Code was committed; (2) that the riot, if committed, was committed for the benefit of the owner or occupier of the land which the defendant was managing; and (3) that the accused had reason to believe that a riot was likely to be committed. (Brae v. Reg., 10 Cal., 338.) 157. Whoever harbours, receives, or assembles, in any house or premises in his occupation or charge, or under his control, any persons, knowing that such persons have been hired, engaged, or employed, or are about to be hired, engaged, or employed, to join, or become members 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.

Harbouring perunlawful assembly.

sons hired for an

For commentary, see Part II., §§ 260-264.

Being hired to take part in

an

158. Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do, or assist in doing, any of the acts specified in section unlawful assembly 141, shall be punished with imprisonment of either description for a term which may months, or with fine, or with both; and whoengaged, or hired, as aforesaid, goes armed,

or riot.

extend to six ever, being so or engages or offers to go armed, with any Or to go armed. deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both,

159.

Affray.

When two or more persons, by fighting, in a public place, disturb the public peace, they are said to" commit an affray."

For commentary, see Part II., § 312.

160. Whoever commits an affray shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred

Punishment for committing affray.

rupees, or with both.

CHAPTER IX.

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS.

Public servant,

taking a gratification other than legal remuneration, in respect of an official act.

161. WHOEVER being, or expecting to be, a public servant, accepts or obtains, or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing, or forbearing to do, any official act, or for showing, or forbearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering, or attempting to render, any service or disservice to any person, with the Legislative or Executive Government of India, or with the Government of any Presidency, or with any Lieutenant-Governor, or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanations." Expecting to be a public servant." If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section.

"Gratification." The word "gratification" is not restricted to pecuniary gratifications, or to gratifications estimable in money.

"Legal remuneration." The words "legal remuneration," are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the Government which he serves to accept.

"A motive or reward for doing." A person who receives a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within these words.