SECTION 144

Overview: This provision of the IPC talks about unlawful assembly. It criminalises act where a person is armed with any deadly weapon and is a member of an unlawful assembly.

Meaning of Unlawful Assembly: It means “when a group of people gather together with an intention to disturb the public tranquillity”, such type of gathering or assembly is known as unlawful group. And to prevent such type of gatherings or assemblies, Section 144 of IPC and curfew provisions are used.

An assembly may turn disobediently and which may cause injury or hurt to person, property or public order. Such an unruly assembly is called ‘Unlawful Assembly.’ In Moti Das v. State of Bihar, it was held by the court that “an assembly, which was lawful to start with, became unlawful the moment one of the members called on the others to assault the victim and his associates, and in response to his invitation all the members of the assembly started to chase the victim while he was running.”

Punishment for Joining unlawful assembly armed with deadly weapon under Section 144 IPC: This section provides punishment to any person who 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. The person doing this act shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Difference between Section 144 of IPC and Curfew: Section 144 of IPC generally bars public gathering. And on the other hand, curfew, orders people to stay inside their homes for a specific time. Therefore, the officials can impose curfew for a certain time period. Time is very important in this concept. However, the authorities can extend the time period of curfew if necessary. Most importantly, if you want to go out from your house during the curfew, you will need prior approval from the local police authorities.

Composition under Section 320 Cr.P.C.: This Offence is NOT listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties.

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