What is Section 141 IPC? Unlawful assembly
Published on: Lawiz Team
Detailed explanation of Section 141 IPC: Unlawful assembly.
Official Legal Text
An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is -
First - To overawe by criminal force, or show of criminal force, the Central 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
Second - To resist the execution of any law, or of any legal process; or
Third - To commit any mischief or criminal trespass, or other offence; or
Fourth - 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
Fifth - 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.
What This IPC Section Means – Explained in Simple Words
Section 141 defines 'unlawful assembly' as a group of five or more people who gather with a common purpose to commit an illegal act or use criminal force.
Purpose
To prevent and punish gatherings of people that may lead to illegal actions or violence.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Not Applicable (This section defines an unlawful assembly, not a punishable offence itself).
Key Elements
The assembly must consist of at least five people with a common intention to commit an offense.
Illustration
If five or more people gather with the intent to riot, they form an unlawful assembly.
Punishment
Those who are part of an unlawful assembly can be punished under subsequent sections like Section 143.
Legal Defenses
If the assembly is lawful or has a legal justification, it does not constitute an unlawful assembly.
Judicial Interpretation
Courts have emphasized that mere gathering is not unlawful; the intention to commit an illegal act is crucial.
FAQs
What does Section 141 IPC define?
Unlawful assembly.
Where is Section 141 IPC applicable?
In cases involving unlawful assembly situations.
What is the scope of Section 141 IPC?
It deals with offences relating to unlawful assemblies, riots, and public order.
Give an example of Section 141 IPC being used.
It is applied when individuals join unlawful assemblies or provoke public disorder.
What punishments are mentioned in Section 141 IPC?
Punishments include imprisonment, fine, or both depending on severity.
Is Section 141 IPC connected to other IPC sections?
Yes, it works alongside related riot, unlawful assembly, and public disturbance laws.
How have courts interpreted Section 141 IPC?
Courts focus on common object, criminal force, and disturbance of peace while interpreting.