Section 144 IPC states that “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.
Sec 144 Indian Penal Code is the aggravated form of section 143. This section clearly states that the risk to the public tranquility is aggravated by the intention of using force, evinced by carrying arms or deadly weapons such as pistols, guns, spears, swords, daggers, kirpans, and kantas, etc.
Section 144 IPC stipulates that a member of an unlawful assembly, who is armed with a deadly weapon and uses it as a weapon of offense, likely to cause death, shall be subject to an enhanced punishment. The enhanced punishment may extend to two years of imprisonment, or with a fine, or with both.
What is an Unlawful Assembly?
An assembly may turn unruly and which may cause injury to person, property or public order. Such an unruly assembly is termed as ‘Unlawful Assembly.’ In Moti Das v. State of Bihar, it was held 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.’
Essentials to constitute an Unlawful Assembly
To constitute an unlawful assembly the following 3 conditions must co-exist:-
- There must be an assembly of five persons.
- The assembly must have a common object and
- The common object must be to commit one of the five illegal objects specified in the section.
FAQs about Unlawful Assembly and Section 144 IPC
An Unlawful Assembly refers to a gathering of five or more persons with a common object, and the intention to commit one of the five illegal acts specified in the law. The assembly becomes unlawful when it poses a risk to public tranquility and may cause injury to individuals, property, or public order.
To constitute an Unlawful Assembly, the following three conditions must co-exist:
a. There must be an assembly of five or more persons. b. The assembly must have a common object, i.e., a shared purpose or intention among its members. c. The common object of the assembly must be to commit one of the five illegal acts specified in the relevant law.
The illegal acts specified for an Unlawful Assembly are enumerated in the Indian Penal Code (IPC) and include activities such as rioting, rioting armed with deadly weapons, assault or criminal force to deter public servant from the discharge of duty, assault or use of criminal force on a public servant, or an attempt to commit any of these offenses.
Section 144 of the Indian Penal Code deals with the aggravated form of an Unlawful Assembly. It states that if a member of an unlawful assembly is armed with a deadly weapon or anything that can be used as a weapon of offense and is likely to cause death, they shall be liable to an enhanced punishment. This enhanced punishment can include imprisonment for up to two years, or a fine, or both.
Read also:- Sedition Law (Section 124A)
