Wednesday 9 May 2012

OFFENCE AGAINST THE PUBLIC TRANQUALITY

OFFENCE AGAINST THE PUBLIC TRANQUALITY:
Section; 141. An assembly of five or more persons is designated An Unlawful a sembly...If the common object of the person’s composing that assembly is-

First.-To overawe by criminal force, or show of criminal force, (i) the Central or any State Government or Parliament or the Legislature of any State or (ii) 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.

Explanation.-An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

Section; 142. 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.

Punishment. Section;143. Imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Section; 144. Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years) or with fine, or with both.

Section; 145. 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. Rioting.

Section;146. 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.

Punishment Section; 147. 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.

Section; 148. Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Section; 149. If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence

Section; 154. Whenever any unlawful assembly or riot takes -place, the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claming an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to behave~ it is likely to be committed, do not give the earliest notice thereof in his. or their power to the principal officer at the nearest police -station, and do not, in the case of his or their having re,).

on" to believe that it was about to be committed, use all lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or: suppress the riot or unlawful assembly.

Section; 155. Whenever a riot is committed for the benefit or on behalf of person for whose benefit any person w 0 IS t e owner or Occupier 0 any an respecting Itch rift is com- such riot takes place or who claims any interest in such land, or in used any Dispute gave nose to not, rowed has accepted or derived any benefit there from, such person shall be punishable with fine, if he or his agent or manager, having reason 1;0 believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held,

shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same.

Section; 156. Whenever a riot is committed for the benefit or on behalf owner or any person who is the owner or occupier of any land respecting which occupier for such riot takes Place, or who claims an y interest in such land. or. benefit trio in the subject of any dispute which gave rise to the riot, or who has, is committed. accepted or derived any benefit there from,

Owner or occupier of land on which an unlawful assembly is held. the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same.

Harboring
Section; 157. Whoever harbors, receives or assembles, in any house or Persons hoi oared premises in his occupation or charge, or under his control an y persons, an un awful assembly. knowing that such persons have been hired, engaged or employed,

or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Section; 158. Whoever is engaged, or hired, or offers or attempts to be Begird hide hoi to take part Ire or engage, or assist m omega any t e acts specie section 141, shall be punished with imprisonment of either description un lawful assembly Ion or a term w IC may extend to SIX month s, or WI new, or riot; with both, and whoever, being so engaged or hired as aforesaid, goes armed, or to go or engages or offers to go armed, with any deadly weapon or with armed, anything which used as a weapon of offence is likely to cause death, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section; 159. When two or more persons, by fighting in a public place, Affray. disturb the public peace, they are said to" commit an affray".

Section; 160. Whoever commits an affray, shall be punished with imprison- Punishment of either description for a term which may extend to one month or with fine which may extend to one hundred rupee with both.
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