THE INDIAN PENAL CODE, 1860
CONTENTS
OF OFFENCES AGAINST THE PUBLIC TRANQUILITY
141. Unlawful assembly
142. Being member or unlawful assembly
143. Punishment
144. Joining unlawful assembly armed with deadly weapon
146. Rioting
147. Punishment for rioting
148. Rioting armed with deadly weapon
153B. Imputations,
assertions prejudicial to national-integration
155. Liability of person for whose benefit riot is committed
157. Harbouring persons hired for an unlawful assembly
159. Affray
160. Punishment for committing affray
CHAPTER
VIII
VIII
OF
OFFENCES AGAINST THE PUBLIC TRANQUILLITY
OFFENCES AGAINST THE PUBLIC TRANQUILLITY
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, 1[the
Central or any State Government of Parliament or the Legislature of any State],
or any public servant in the exercise of the lawful power of such public servant;
or
or show of criminal force, 1[the
Central or any State Government of 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
any law, or of any legal process; or
Third—To commit any mischief or criminal
trespass, or other offence; or
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
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.
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.
was not unlawful when it assembled, may subsequently become an unlawful assembly.
1. Subs. by The A.O.1950
for “Central or any Provincial Government or Legislature”.
for “Central or any Provincial Government or Legislature”.
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.
143. Punishment: -Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description
for a term which may extend to six month, or with fine, or with both.
for a term which may extend to six month, or with fine, or with both.
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.
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.
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.
of either description for a term which may extend to two years, or with fine, or with both.
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.
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.
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.
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.
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.
149. Every member of unlawful assembly guilty of offence committed in prosecution of
common object:--
common object:--
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 or 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.
Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member or any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner
as if he had been a member of such unlawful assembly, or himself had committed such offence.
as if he had been a member of such unlawful assembly, or himself had committed such offence.
151. Knowingly joining or continuing in assembly of five or more persons after it has been
commanded to disperse:-
commanded to disperse:-
Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Explanation—If the assembly
is an unlawful assembly with the meaning of section 141, the offender will be punishable under section 145.
is an unlawful assembly with the meaning of section 141, the offender will be punishable under section 145.
Whoever assaults or threatens
to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
153. Wantonly giving provocation with intent to cause riot—if rioting be committed—if not committed:-
Whoever malignantly, or wantonly, by doing anything which is illegal, gives provocation to any person intending of knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with
imprisonment of either description for a term which may extend to one year, or with fine, or with both ; and if the offence of rioting be not committed, imprisonment of either description for a term which may extend to six months, or with fine, or with both.
1 [153A.Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony: --
(1)
Whoever—
Whoever—
(a) By words, either spoken or written, or by
signs or by visible representations or otherwise, promotes or attempts to
promote, on grounds of religion, race, place or birth, residence, language,
caste or community or any other ground whatsoever, disharmony or feelings
of enmity, hatred or ill-will between different religious, racial, language
or regional groups or castes or communities, or
signs or by visible representations or otherwise, promotes or attempts to
promote, on grounds of religion, race, place or birth, residence, language,
caste or community or any other ground whatsoever, disharmony or feelings
of enmity, hatred or ill-will between different religious, racial, language
or regional groups or castes or communities, or
(b) Commits any act which is prejudicial to the
maintenance of harmony between different religious, racial, language or regional
groups or castes or communities, and which disturbs or is likely to disturb
the public tranquility, 2[or]
maintenance of harmony between different religious, racial, language or regional
groups or castes or communities, and which disturbs or is likely to disturb
the public tranquility, 2[or]
2 [(c) Organizes any exercise, movement,
drill or other similar activity intending that the participants in such activity
shall use or be trained to use criminal force or violence of knowing it to
be likely that the participants in such activity will use or be trained to
use criminal force or violence, or participates in such activity intending
to use or be trained to use criminal force or violence or knowing it to be
likely that the participants in such activity will use or be trained to use
criminal force or violence, against any religious, racial, language or regional
group or caste or community and such activity for any reason whatsoever causes
or is likely to cause fear or alarm or a feeling of insecurity amongst members
of such religious, racial, language or regional group or caste or community,]
drill or other similar activity intending that the participants in such activity
shall use or be trained to use criminal force or violence of knowing it to
be likely that the participants in such activity will use or be trained to
use criminal force or violence, or participates in such activity intending
to use or be trained to use criminal force or violence or knowing it to be
likely that the participants in such activity will use or be trained to use
criminal force or violence, against any religious, racial, language or regional
group or caste or community and such activity for any reason whatsoever causes
or is likely to cause fear or alarm or a feeling of insecurity amongst members
of such religious, racial, language or regional group or caste or community,]
Shall be punished with imprisonment which may extend
to three years, or with fine, or with both.
to three years, or with fine, or with both.
Offence committed in place of worship, etc.: -
(2)
Whoever commits an offence specified
in sub-section (1) in any place of worship or in any assembly engaged in the
performance of religious worship or religious ceremonies, shall be punished
with imprisonment which may extend to five years and shall also be liable
to fine.]
Whoever commits an offence specified
in sub-section (1) in any place of worship or in any assembly engaged in the
performance of religious worship or religious ceremonies, shall be punished
with imprisonment which may extend to five years and shall also be liable
to fine.]
1. Subs. by Act 35 of 1969,
s. 2, for the former section.
s. 2, for the former section.
2. Ins. by Act 31 of 1972,
s. 2.
s. 2.
(1)
Whoever, by words either spoken
or written or by signs or by visible representations or otherwise, -
Whoever, by words either spoken
or written or by signs or by visible representations or otherwise, -
(a) Makes or publishes any imputation that any
class of persons cannot, by reason or their being members of any religious,
racial, language or regional group or caste or community, bear true faith
and allegiance to Constitution of India as by law established or uphold the
sovereignty and integrity of India, or
class of persons cannot, by reason or their being members of any religious,
racial, language or regional group or caste or community, bear true faith
and allegiance to Constitution of India as by law established or uphold the
sovereignty and integrity of India, or
(b) Asserts, counsels, advises, propagates or
publishes that any class or persons shall, by reason of their being members
of any religious, racial, language or regional group or caste or community,
be denied or deprived of their rights as citizens of India or
publishes that any class or persons shall, by reason of their being members
of any religious, racial, language or regional group or caste or community,
be denied or deprived of their rights as citizens of India or
(c) Makes or publishes any assertion, counsel,
plea or appeal concerning the obligation of any class of persons, by reason
of their being members of any religious, racial, language or regional group
or caste of community, and such assertion, counsel, pleas or appeal causes
or is likely to cause disharmony or feelings of enmity or hatred or ill-will
between such members and other persons,
plea or appeal concerning the obligation of any class of persons, by reason
of their being members of any religious, racial, language or regional group
or caste of community, and such assertion, counsel, pleas or appeal causes
or is likely to cause disharmony or feelings of enmity or hatred or ill-will
between such members and other persons,
Shall be punished with imprisonment
which may extend to three years, or with fine, or with both.
which may extend to three years, or with fine, or with both.
(2) Whoever commits an offence specified in sub-section
(1), in any place of worship or in any assembly engaged in the performance
of religious worship or religious ceremonies, shall be punished with imprisonment
which may extend to five years and shall be liable to fine.]
(1), in any place of worship or in any assembly engaged in the performance
of religious worship or religious ceremonies, shall be punished with imprisonment
which may extend to five years and shall be liable to fine.]
1. Ins. by Act 31 of 1972,
sec. 2.
sec. 2.
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 claiming 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 believe 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 reason 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.
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 claiming 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 believe 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 reason 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.
- Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land, respecting
which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit there from, such person shall be punishable with fine, if he or his agent of manage, 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 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.
which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit there from, such person shall be punishable with fine, if he or his agent of manage, 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 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.
Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject or nay dispute which gave rise to the riot, or who has accepted or derived any benefit there from,
The agent or manager or 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.
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.
Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons, 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.
assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing
any of the acts specified in Section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both,
any of the acts specified in Section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both,
Or to go armed: --
and whoever, being so engaged
or hired as aforesaid, goes armed, or engages or offers to go armed, with any 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 two years, or with fine, or with both.
or hired as aforesaid, goes armed, or engages or offers to go armed, with any 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 two years, or with fine, or with both.
When two or more persons, by fighting in a public place, disturb the public peace, they are said to
“commit an affray”.
“commit an affray”.
Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.
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