UNLAWFUL ASSEMBLY U/S 141, INDIAN PENAL CODE, 1860

UNLAWFUL ASSEMBLY U/S 141, INDIAN PENAL CODE, 1860

Introduction

Unlawful Assembles under Indian Penal code means when five and more than five person together with common objects using the criminal force against the State Government or Central Government, Legislature or any Public Servant, stop the execution of any  legal process, mischief, criminal trespass, using the criminal force to obtain the possession of the  property of any person, 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 possession or enjoyment, or to enforce  any right or supposed right, by mans of criminal force, to compel any person to do what he is not legally bound, to do or not to omit to do, what he is legally entitled to do.

Moreover, an assembly which was not unlawful when it assembled, my subsequently become an unlawful assembly.

Ingredients

To overawe by Criminal force

  • The Central Government
  • The State Government
  • The Legislature
  • The Public Servant.

To resist the execution of law or legal process

 

To commit Mischief, criminal trespass or any other offences

 

By Criminal Force to:

  • Take or obtain possession of any property
  • Deprive any person of any incorporeal right
  • Enforce any right or supposed right

By criminal Force to compel any person to

  • Do what he is legally bound to do.
  • Omit what he is legally entitled to do.

Dispersal of Assembly by using civil force

  • Any Executive Magistrate/officer in-charge of police station if the officer in-charge of police station is not available in that particular situation, the any police officer above the rank of sub – inspector shall give the command for dispersal the unlawful assembly. Above all, if the assembly is not dispersal they shall use the civil forces, take the help from any main person. However, the main person will not belong from armed force.
  • But, if the situation does not come under control the particular in-charge or Executive Magistrate can give the order of arrest or confinement of the people involved in the assembly.
  • However, if the particular assembly does not disperse; the Executive Magistrate of higher rank will give the order to armed force for dispersal of that particular assembly. The armed forced shall use minimum force and give minimum injuries to the people and the property.
  • However, if at the time of the emergency situation; no Executive Magistrate is available, any commissioned or gazetted Army officer will give the order for dispersal of particular assembly. Meanwhile, he may communicate with the nearest Executive Magistrate and follow the instruction of that particular magistrate.
  • However, a special protection is provided to the Executive Magistrate giving order for dispersal or the officer in-charge dispersing the unlawful assembly. Above all, if any prosecution is brought against that particular Executive Magistrate or that particular officer in-charge will not be possible without the permission of state government or central government.

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