CHAPTER XI
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
Unlawful
assembly
- (1) An assembly of five or more persons is designated an “unlawful assembly”, if
the common object of the persons composing that assembly is—
(a) to overawe by criminal force, or show of criminal force, the Central Government
or any State Government or Parliament or the Legislature of any State, or any public
servant in the exercise of the lawful power of such public servant; or
(b) to resist the execution of any law, or of any legal process; or
(c) to commit any mischief or criminal trespass, or other offence; or
(d) by means of criminal force, 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
(e) by means of criminal force, 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.
Explanation.—An assembly which was not unlawful when it assembled, may
subsequently become an unlawful assembly.
(2) Whoever, being aware of facts which render any assembly an unlawful assembly,
intentionally joins that assembly, or continues in it, is said to be a member of an unlawful
assembly and such member shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.
(3) Whoever joins or continues in an unlawful assembly, knowing that such unlawful
assembly has been commanded in the manner prescribed by law 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.
(4) 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.
(5) 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.
Explanation.—If the assembly is an unlawful assembly within the meaning of
sub-section (1), the offender shall be punishable under sub-section (3).
(6) 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.
(7) 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.
(8) 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 sub-section (1), shall be punished with imprisonment
of either description for a term which may extend to six months, or with fine, or with both.
(9) Whoever, being so engaged or hired as referred to in sub-section (8), goes armed,
or engages or offers to go armed, with any 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.