The action such as dispersal of unlawful assembly, maintance of public are function to what
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Article 19(1)(b)[1] of the Indian Constitution confers onto the citizens the right to assemble. However, there is always a possibility that an assembly might turn unruly, causing damage not only to property but also to life. Such an unruly assembly is termed as “unlawful assembly.”
This paper aims to discuss the methods of dispersal of an unlawful assembly and in the process; it explores what exactly constitutes an unlawful assembly as well as steps taken for prevention of such an assembly.
Section 141[2] in The Indian Penal Code defines “unlawful assembly.” The following are the ingredients for an assembly to be labelled as an “unlawful assembly”:
Assembly of five or more persons: There must necessarily be more than four persons sharing the common object. When there is no evidence to prove that the fifth individual shared the same object; it cannot be considered an unlawful assembly with the remaining four persons.
In the case of Amar Singh v. State of Punjab[3], at the onset, seven people had been charged under Sections 148[4] and 149[5] Of the Indian Penal Code. The Sessions Court acquitted two of the accused and another by the High Court. No one other than these seven was mentioned to have been involved in the crime. The conviction of the remaining four was held not to be sustained. Hence, the acquittal of three of the accused people led to the remaining four to not be convicted under the Sections 148 or 149. The identity of all the members of such an assembly does not necessarily need to be established.
hope you understand
Article 19(1)(b)[1] of the Indian Constitution confers onto the citizens the right to assemble. However, there is always a possibility that an assembly might turn unruly, causing damage not only to property but also to life. Such an unruly assembly is termed as “unlawful assembly.”
This paper aims to discuss the methods of dispersal of an unlawful assembly and in the process; it explores what exactly constitutes an unlawful assembly as well as steps taken for prevention of such an assembly.
Section 141[2] in The Indian Penal Code defines “unlawful assembly.” The following are the ingredients for an assembly to be labelled as an “unlawful assembly”:
Assembly of five or more persons: There must necessarily be more than four persons sharing the common object. When there is no evidence to prove that the fifth individual shared the same object; it cannot be considered an unlawful assembly with the remaining four persons.
In the case of Amar Singh v. State of Punjab[3], at the onset, seven people had been charged under Sections 148[4] and 149[5] Of the Indian Penal Code. The Sessions Court acquitted two of the accused and another by the High Court. No one other than these seven was mentioned to have been involved in the crime. The conviction of the remaining four was held not to be sustained. Hence, the acquittal of three of the accused people led to the remaining four to not be convicted under the Sections 148 or 149. The identity of all the members of such an assembly does not necessarily need to be established.
hope you understand
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