What is Section 142 IPC? Being member of unlawful assembly
Published on: Lawiz Team
Detailed explanation of Section 142 IPC: Being member of unlawful assembly.
Official Legal Text
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 shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 142 defines who is considered a member of an unlawful assembly – anyone who joins or continues in such an assembly knowingly.
Purpose
To punish individuals who willingly join or remain part of an unlawful assembly.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 6 months, or fine, or both.
Key Elements
A person must voluntarily join or remain part of an unlawful assembly to be guilty.
Illustration
If a person joins a group of five or more people who are planning to commit an illegal act, they become part of an unlawful assembly.
Punishment
Punishment depends on the actions of the unlawful assembly as described in later sections.
Legal Defenses
If the person is unaware of the assembly's unlawful purpose, they cannot be punished under this section.
Judicial Interpretation
Courts have held that mere presence without active participation does not make one a member.
FAQs
What does Section 142 IPC define?
Being member of unlawful assembly.
Where is Section 142 IPC applicable?
In cases involving being member of unlawful assembly situations.
What is the scope of Section 142 IPC?
It deals with offences relating to unlawful assemblies, riots, and public order.
Give an example of Section 142 IPC being used.
It is applied when individuals join unlawful assemblies or provoke public disorder.
What punishments are mentioned in Section 142 IPC?
Punishments include imprisonment, fine, or both depending on severity.
Is Section 142 IPC connected to other IPC sections?
Yes, it works alongside related riot, unlawful assembly, and public disturbance laws.
How have courts interpreted Section 142 IPC?
Courts focus on common object, criminal force, and disturbance of peace while interpreting.