§189(i) – Definition of Unlawful Assembly (15 mins)
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.
Essentials:
o Must be an assembly of five or more persons.
o A common object falling under one of five categories: intimidating public
authority, resisting legal execution, committing mischief/trespass, using force to
seize property or enforce rights, compelling legal actions by force
Examples to illustrate:
1. Five people gather to prevent officials from seizing land → unlawful assembly.
2. A group blocking a public canal to stop neighbors → common object of
obstructing lawful enjoyment.
§189(ii) – Joining Unlawful Assembly (10 mins)
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.
Mens rea: awareness of facts making the assembly unlawful + intentional joining or
staying
Punishment: Up to 6 months imprisonment, fine, or both.
Contrast armed participation → heavier consequences (§189(iv)).
§189(iii) – Continuing after Dispersal Order (10 mins)
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.
Lawful order to disperse by magistrate/police.
If one knowingly continues, punishment increases to up to 2 years imprisonment.
Key teaching points:
o Legal authority context.
o Posters from prior events as examples.
§191(i) – Rioting Definition (15 mins)
Whenever force or violence is used by an unlawful assembly, or by any member thereof, in
prosecution of the common object of such assembly, every member of such assembly is guilty
of the offence of rioting
Triggered when force or violence is used in furtherance of the assembly’s common
object
All members of the assembly become liable, even non-violent ones.
Illustration:
o Example: A peaceful protest turns violent—everyone held for rioting.
§191(ii) – Rioting Punishment (10 mins)
Whoever is guilty of rioting, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
Simple rioting: ≤ 2 years imprisonment or fine
Armed rioting (deadly weapon): ≤ 5 years imprisonment, can also include fines
Use a chart to highlight escalation in punishments.
§194(i & ii) – Affray (20 mins)
(1) When two or more persons, by fighting in a public place, disturb the public peace, they are
said to commit an affray.
(2) Whoever commits an affray, shall be punished with imprisonment of either description for a
term which may extend to one month, or with fine which may extend to one thousand rupees,
or with both.
Definition: Fighting between two or more individuals in a public place, causing
disturbance of public peace.
Essentials:
1. ≥2 individuals involved.
2. Actual or imminent physical fighting.
3. Must occur in public.
4. Must disturb public tranquility.
Penalties:
o Up to 1 month imprisonment, fine up to ₹1000, or both – bailable and non-
cognizable
Comparisons:
o Unlike rioting, affray involves only physical fight, not a common object.
o Suitable for classroom role-play to highlight public peace element.
✅ Q&A & Recap (5 mins)
Clarify differences:
o Unlawful Assembly → group intent.
o Rioting → use of violence.
o Affray → physical fight affecting public order.
Quick flashbacks or revision quizzes.
