CHAPTER VIII. OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY. 141. An assembly of five or more persons is designated an Unlawful 'unlawful assembly,' if the common object of the persons defined. assembly composing that assembly is First. To overawe by criminal force1, or show of criminal force, the Legislative or Executive Government of India, or the Government of any Presidency 2, or any LieutenantGovernor, or any public servant 3 in the exercise of the lawful power of such public servant; or Second. To resist the execution of any law, or of any legal process; or 4 Third. To commit any mischief or criminal trespass 5, or other offence; or Fourth.-By means of criminal force1, 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 Fifth.-By means of criminal force1, 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 10. Joining unlawful Explanation. An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly 1. 142. Whoever, being aware of facts which render any assembly. assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly. Punish ment. Being member of 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 unlawful with anything which, used as a weapon of offence 2, is likely assembly to cause death, is a member of an unlawful assembly, shall be deadly punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. armed with weapon. Joining unlawful 145. Whoever joins or continues in an unlawful assembly, assembly, knowing that such unlawful assembly has been commanded after com- in the manner prescribed by law 3 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. mand to disperse. Force used by one 146. Whenever force or violence is used by an unlawful member in assembly, or by any member thereof, in prosecution of the common object of such assembly 5, every member of such assembly is guilty of the offence of rioting. prosecu tion of common object. Punish ment for rioting. Rioting, armed with 147. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 148. Whoever is guilty of rioting, being armed with a deadly deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with weapon. 1 A meeting for deliberation only and to arrange plans for future action does not seem covered by this definition. There must be some present and immediate purpose of carrying into effect the common object, M. & M. 120. 2 i. e. a weapon which under present circumstances and during the existence of the assembly is an offensive weapon, M. & M. 123. See Cr. P. C. (Act X of 1882), Chap. IX. The expression force is used' must apparently be construed without reference to the explanation in s. 349, M. & M. 129. 55 N. W. P. 208. imprisonment of either description for a term which may extend to three years, or with fine, or with both 1. 2 common 149. If an offence is committed by any member of an Offence unlawful assembly in prosecution of the common object of committed in prosecuthat assembly, or such as the members of that assembly knew tion of to be likely to be committed in prosecution of that object 3, 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 5. persons to 150. Whoever hires, or engages or employs, or promotes Hiring or connives at the hiring, engagement, or employment of any join unperson to join or become a member of any unlawful assembly, lawful 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 6. command 151. Whoever knowingly joins or continues in any assembly Joining assembly of five or more persons likely to cause a disturbance of the of five or public peace, after such assembly has been lawfully commanded more after to disperse, shall be punished with imprisonment of either to disperse. description for a term which may extend to six months, or with fine, or with both. that object is committed by any This section is intended to 'em- Assaulting or obstruct servant when sup Explanation.-If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145. 3 152. Whoever assaults 1 or threatens to assault, or obstructs ing public 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 3, 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 4. pressing riot, &c. Giving pro vocation with intent to cause riot. Liability of owner of land on lawful held. 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 a term which may extend to six months, or with fine, or with both. 154. Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful which un- assembly is held or such riot is committed, and any person assembly is 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 1 Sec. 351. 2 Sec. 21. See the Cr. P. Code, ss. 127-132. * Knowledge of the fact that the person assaulted etc. is a public servant is, no doubt, an essential part of an offence under this section, M. & M. 127. 5 Sec. 43. 6 'An interest in land' means any fragment of the ownership. The section would therefore apply to tenants and mortgagees, remaindermen and reversioners; but not to one merely entitled to a charge on land or to an easement. 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 1. 155. Whenever a riot is committed for the benefit or on Liability of for whose committed, behalf of any person who is the owner or occupier of any land landowner respecting which such riot takes place, or who claims any benefit riot interest in such land2, 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 3, 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 same1. any land 156. Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of 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 3, if such 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 use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same. Liability of his agent. 157. Whoever harbours, receives, or assembles in any house Harbouror premises in his occupation or charge, or under his control, hired for ing persons any persons, knowing that such persons have been hired, unlawful assembly. engaged or employed, or are about to be hired, engaged or 1 6 Ben. Appendix, 84: 3 Suth. Cr. 54, col. 2. An absent and nonresident owner may be made liable under this section for the misconduct of his local agents, M. & M. 129. See note 6, p. 146. 3 The amount is unlimited; but see sec. 63. 4 10 Cal. 338, where it was stated that these sections were intended to put a stop to riots committed or abetted by managers of indigofactories. |