What is Section 145 IPC? Joining or continuing in unlawful assembly, knowing it has been commanded to disperse
Published on: Lawiz Team
Detailed explanation of Section 145 IPC: Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.
What This IPC Section Means – Explained in Simple Words
Section 145 punishes anyone who joins or remains in an unlawful assembly despite knowing it has been commanded to disperse.
Purpose
To ensure that individuals obey lawful commands to disperse from illegal gatherings.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 2 years, or fine, or both.
Key Elements
The person must know about the command to disperse but still remain part of the assembly.
Punishment Details
Imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Legal Defenses
If the person did not hear the command or had a lawful reason to remain, this section may not apply.
Judicial Interpretation
Courts have held that the command must be clear and publicly known.
Illustration
If a police officer commands a group to disperse and they do not, they can be punished under this section.
FAQs
What does Section 145 IPC define?
Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.
Where is Section 145 IPC applicable?
In cases involving joining or continuing in unlawful assembly, knowing it has been commanded to disperse situations.
What is the scope of Section 145 IPC?
It deals with offences relating to unlawful assemblies, riots, and public order.
Give an example of Section 145 IPC being used.
It is applied when individuals join unlawful assemblies or provoke public disorder.
What punishments are mentioned in Section 145 IPC?
Punishments include imprisonment, fine, or both depending on severity.
Is Section 145 IPC connected to other IPC sections?
Yes, it works alongside related riot, unlawful assembly, and public disturbance laws.
How have courts interpreted Section 145 IPC?
Courts focus on common object, criminal force, and disturbance of peace while interpreting.