Unlawful Assembly: Definition, Essential Elements and Statutory Provisions in IPC

Q. Discuss the essential elements of unlawful Assembly. [2018 - 4 marks]

Definition of Unlawful Assembly
Section 141 of the Indian Panel Code defines Unlawful Assembly as an assembly of 5 or more persons, armed with deadly weapons or any instruments, with a common intention, using criminal force, mischief or criminal trespass, obstructing execution of official or legal duty. 

Essential Elements of Unlawful Assembly
1. An assembly of 5 or more persons.
2. Using deadly weapons or any other weapon.
3. With a common objective
4. Using criminal force, mischief or criminal trespass, obstructing execution of official or legal duty. 

Sections in IPC for Unlawful Assembly
Section 141: Definition of Unlawful Assembly
Section 142: Being a member of unlawful assembly
Section 143: Punishments - Six months of imprisonment or fine or both
Section 144: Punishment of unlawful assembly with deadly weapon. Two years of imprisonment or fine or both.
Section 145: Continuing with unlawful assembly knowing that it is recommended to disperse - 2 years of imprisonment or fine or both.

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