Overview: This Kanooni Dhara of the IPC defines the meaning of an unlawful assembly. An unlawful assembly is an assembly of 5 or more persons who have a common objective. Now the common objective must be one of the five kinds which are mentioned in the ingredients.
Ingredients of the Section: The following are the essentials of this section ;
An assembly of 5 or more persons.
They must have a common object.
The common object must be one of the five mentioned below :
To intimidate by using criminal force or show criminal force, to Central or any State Government or Parliament or any State Legislature or any public servant; or
To oppose/resist the performance of any law or legal process; or
To carry out any mischief or criminal trespass or any other offence; or
By use of criminal force takes possession of any property or deprives any person of the right to the way or the use of water or any incorporeal right; or
With the use or show of cr
Punishment: 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 fine or both under section 143 of IPC.
Composition under section 320 Cr.P.C: This section is not listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties.| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Unlawful Assembly | Imprisonment up to 6 months or fine or both | Cognizable | Bailable | Any Magistrate |
| Offence | Unlawful Assembly |
|---|---|
| Punishment | Imprisonment up to 6 months or fine or both |
| Cognizance | Cognizable |
| Bail | Bailable |
| Triable By | Any Magistrate |
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