Wednesday, 31 August 2017

Thursday, 18 April 2019

Public Tranquility and the Offenses against Public Tranquility

Public Tranquility refers to those offenses which are against the people, their property and it even extends to the offenses towards the state. These offenses basically refers to those activities which immensely disturbs the society, done by a group of individuals. Public Tranquility and the offenses against Public Tranquility are been discussed further.



Such offenses brings a hault in the prevailing peace and security of the society of a particular region. The Indian Penal Code (IPC) sets a number of sections under which, people committing any of the three basic offenses under public tranquility, that are Unlawful Assembly, Rioting and Affray are been punished.



The Indian Penal Code (IPC), which was commenced on 01 January 1862, covers all the aspects of criminal law. Sections 141 to 160 of Indian Penal Code, are considered as offenses against public tranquility. Let's know more about offenses against Public Tranquility.

public-tranquility-offenses-against-public-tranquility
Public Tranquility 


The offenses against Public Tranquility 

1. Unlawful Assembly 141 

An Unlawful Assembly refers to an assembly having five or more person with a mutual intent (to deliberate distribution of peace) to carry out any purpose in common. It's main objective is to diminish the criminal force with the help of five or more person. Section 141 of IPC is concerned with unlawful assembly.

Essentials -
(i) To overawe by criminal force
a) The Central Government
b) The State Government
c) The Legislative
(ii) To resist the execution of any law of any legal process
(iii) To commit any mischief or criminal trespass
(iv) By means of criminal force, show of criminal force to any person
(v) By means of criminal force

2. Being member of unlawful assembly 142

People being aware of all the terms and conditions which constitute the unlawful assembly, willingly joins the assembly are considered as members of unlawful assembly. Section 142 of IPC is concerned with being member of unlawful assembly.


3. Punishment for being the member of unlawful assembly 143 

People under unlawful assembly are punished with an imprisonment for either a term which may or may not exceed duration of six months, or with a fine, or even with both. Section 143 of IPC is concerned with punishment for being the member of unlawful assembly.




4. Joining unlawful assembly armed with deadly weapon 144 

People under unlawful assembly, who were equipped with deadly weapon or anything used as a weapon in the offense, shall be punished, with an imprisonment for a term which may or may not exceed duration of two years, or with a fine, or even both. Section 144 of IPC is concerned with joining unlawful assembly armed with deadly weapon.


5. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse 145 

People despite of knowing that the unlawful assembly has been commanded to disperse by the law, is still continuing in such assembly, shall be punished, with an imprisonment for a term which may or may not exceed duration of two years, or with a fine, or even both. Section 145 of IPC is concerned with joining or continuing in unlawful assembly, knowing it has been commanded to disperse.

6. Rioting 146 

Rioting refers to the force or violence used by an unlawful assembly. In particular state of activity, riot is simply an unlawful assembly.
Every member of unlawful assembly is guilty of the offense of rioting, whenever force of violence is used by an such assembly. Section 146 of IPC is concerned with rioting.

Ingredients -
(i) The accused person must be five or more in number
(ii) They must be animated by common object
(iii) Force or violence must be used by the unlawful assembly




7. Punishment for rioting 147 

Any person being guilty for rioting, shall be punished, with an imprisonment for a term which may or may not exceed duration of two years, or with a fine, or even both. Section 147 of IPC is concerned with punishment for rioting.


8. Rioting armed with deadly weapon 148 

People who were equipped with deadly weapon or anything used as a weapon while rioting, shall be punished, with an imprisonment for a term which may or may not exceed duration of two years, or with a fine, or even both. Section 148 of IPC is concerned with rioting armed with deadly weapon.


9. Every member of unlawful assembly guilty of offense committed in prosecution of common object 149 

The member of unlawful assembly who committed the offense in prosecution of common object, or the members who already knew that the offense was to be committed in prosecution of common object, than every member of unlawful assembly involved in it, shall be punished, with an imprisonment for a term which may or may not exceed duration of two years, or with a fine, or even both. Section 149 of IPC is concerned with it.


10. Hiring or conniving at hiring of persons to join unlawful assembly 150 

Any person who hires or engages, or employes, or promotes, or connives at the hiring, engagement or employment of any person to join the unlawful assembly, shall be punished as a member of unlawful assembly. Section 150 of IPC is concerned with it.




11. Knowingly joining or continuing in the assembly of five or more persons after it has been commanded to disperse 151 

People despite of knowing that the unlawful assembly of five or more persons, has been commanded to disperse by the law, is still continuing in such assembly, shall be punished, with an imprisonment for a term which may or may not exceed duration of six months, or with a fine, or even both. If the assembly is an unlawful assembly under section 141, the offender will be punished under section 145. Section 151 of IPC is concerned with it.


12. Assaulting or obstructing public servant when suppressing riot 152 

Any person who assaults or attempts to assault or obstructs or attempts to obstructs any public servant in the discharge of his duty, or to suppress a riot or affray, or uses or attempts to use criminal force to such public servant, shall be punished, with an imprisonment for a term which may or may not exceed duration of three years, or with a fine, or even both. Section 152 of IPC is concerned with it.

13. Want only giving provocation with intent to cause riot - if rioting be committed : if not committed 153 

Any person who wants only by doing anything which is illegal, gives provocation to any person, with an intent that such provocation will result in the offense of rioting to be committed, shall be punished, with an imprisonment for a term which may or may not exceed duration of one year, or with a fine, or even both. And if the offense of rioting is not committed, shall be punished, with an imprisonment for a term which may or may not exceed duration of six months, or with a fine, or even both. Section 153 of IPC is concerned with it.


14. Owner or occupier of the land on which the unlawful assembly is held 154 

Whenever the offense of unlawful assembly or riot take place, than the owner of the land upon which the unlawful assembly is held, or riot is committed, and any person having interest in such land, shall be punished with fine not exceeding one thousand rupees. Section 154 of IPC is concerned with it.

15. Liability of person for whose benefit riot is committed 155 

Whenever a riot is committed for the benefit of a person who is the owner or occupier of the land, or who have interest in such land, or who has accepted or derived any benefit from it, than such person shall be punished with a fine. Section 155 of IPC is concerned with it.




16. Liability of agent of owner or occupier for whose benefit riot is committed 156 

Whenever a riot is committed for the benefit of a person who is the owner or occupier of the land, or who have interest in such land, or who has accepted or derived any benefit from it, than such agent of owner or occupier of the land, shall be punished with a fine. Section 156 of IPC is concerned with it.


17. Harbouring persons hired for an unlawful assembly 157 

Any person who harbours or assembles in any house, in his occupation or charge, or any persons knowing that such persons have been hired or engaged to join or become members of unlawful assembly, than the person shall be punished with an imprisonment for a term which may or may not exceed duration of six months, or with a fine, or even both. Section 157 of IPC is concerned with it.

18. Being hired to take part in the unlawful assembly or riot 158 

Any person who is hired or engaged, or attempts to be hired or engaged, to do any of the acts under Section 141, shall be punished with an imprisonment for a term which may or may not exceed duration of six months, or with a fine, or even both. Section 158 of IPC is concerned with it.

19. Affray 159 

The word 'Affray' is derived from the French word 'affraier' which means to terrify. In law, it refers to public offense. An affray is said to be committed, when two or more person, disturbs the public place, by fighting in the place concerned. Section 159 of IPC is concerned with affray.

Ingredients 
(i) Two or more person must fight
(ii) They must fight in public place
(iii) By their fight, they must disturb the public place


20. Punishment for committing affray 160 

Any person who commits an affray, shall be punished with an imprisonment for a term which may or may not exceed duration of one month, or with a fine of one hundred rupees, or even both. Section 160 of IPC is concerned with it.

Thus, this was a brief analysis about  Offenses against Public Tranquility under the Sections 141 to 160 of the Indian Penal Code.

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