Meaning

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.’

The term ‘Unlawful Assembly’ has been defined under section 141 of the Indian Penal Code, 1860
as an assembly of five or more persons having a common object to perform an omission or offence.

Definition

Section 141 of the Penal Code defines unlawful assembly, which runs as follows "An assembly of five
or more persons is designated an "unlawful assembly" if the common object of the persons
composing that assembly is-

1. Overawing the Government: ‘Overawe’ means creating fear in someone else’s mind. That is
when, through the use of force, a public procession tends to overpower government.
2. Resist the execution of law or legal process: Resistance by an assembly to a legal process or
execution of law, for example, executing a judgment or order of a court is subject to law
enforcement, so restricting the arrest in the case of Baba Ram Rahim in Harayana was an
unlawful act.
3. Commit an offence: Where an assembly of five or more persons having a common purpose of
performing an act that is prohibited by law or that constitutes an offence.
4. Possession and dispossession of propert by force: Where an assembly uses a criminal force to
deprive a person of the right to use water or any other incorporeal right that the person
enjoys and possesses.
5. Unlawful compulsion: If the assembly compels them to carry an illegal act by using criminal
force on others, it would be an unlawful assembly.

Essentials of Unlawful Assembly

1. There has to be an assembly of five people: In Dharam Pal Singh v. State of Uttar Pradesh, the
SC of India upheld that: “Where only five named persons have been charged with constituting
an unlawful assembly and one or more of them have been acquitted, the remaining accused
(less than five) may not be convicted as members of an unlawful assembly unless it is
established that, in addition to convicted persons, the unlawful assembly consisted of other
persons who were not identified and who were unable to be named.”

2. There must be a common object: The law does not declare a mere assembly of men, however
large it may be, as illegal if it is not inspired by an unlawful common object. “The court stated
that “the word ‘object’ means the purpose or design of doing a thing that is intended to be
done in the case of Sheik Yusuf v. Emperor.

3. The common object must be to commit one of the five illegal objects specified in the section
as discussed above.

Members of the Unlawful assembly (Section 142)

According to Section 142, if a person remains in an unlawful assembly after he became aware that
the assembly was unlawful, he shall deemed to be a member of an unlawful assembly and be liable.

Punishment for Unlawful Assembly

• Under Section 144 of I.P.C. whoever joins unlawful assembly armed with a deadly weapon
which is likely to cause death; shall be punished with imprisonment for two years, or fine or
both.

• Under Section 145 of I.P.C. whoever joins or continue to be in unlawful assembly, knowing it
has been commanded to disperse, shall be punished with imprisonment for 2 years, or fine, or
both.

• Under Section 149 of I.P.C. where an assembly commits an offence than every member of that
unlawful assembly, who knew such offence is likely to be committed, will be guilty of that
offence. And be punished for the term same as for the offence.