What is Rioting and Unlawful Assembly ?

When Police Arrest a Person Without Warrant

Meaning of Rioting (s.146)

Rioting means any unlawful assembly or any member of unlawful assembly uses force or violence for the prosecution of the common object of such assembly. However, every member of such assembly is guilty of the offence of the Rioting. What is Rioting and Unlawful Assembly?

Punishment for Rioting (s.147)

Whoever is guilty of the rioting shall punish with imprisonment for a term up to two years or with fine or with both.

Rioting arm with a deadly weapon (s.148)

Whenever a person who is guilty of rioting arm with any deadly weapon which used as a weapon of offence. Moreover, use of it likely to cause death shall punish with imprisonment which up to three years or with fine or with both.

Every person/member of unlawful assembly guilty of the offence committed in prosecution of common object

When any member of an unlawful assembly commits an offence in the prosecution of the common object of that assembly or such member of the assembly knew that the unlawful assembly likely to commit the prosecution of that object. Then every person who is a member of that assembly at the time of committing of that offence is guilty of that offence.

A riot is an unlawful assembly during a particular state of activity which activity with the use of force or violence. However, it is the only force that distinguishes rioting from an unlawful assembly. At the first instance to constitute the offence of rioting, there should be at least five persons, and force should be used in the prosecution of the common object. If the number of people is less than five there might be no unlawful assembly and consequently no rioting.

What is Rioting and Unlawful Assembly ?

 What is unlawful assembly? (s.141) What is Rioting and Unlawful Assembly?

Unlawful assembly means the assembly of five or more persons united to commit a criminal offence. If the common object of all the persons composing that assembly is to overawe by criminal force the Central Government or the State Government or the Legislature or any public servant in the exercise of the lawful power, that is First.

Secondly, to resist the execution of legal process or execution of the law.

Thirdly, to commit criminal trespass, mischief, or any other offence.

Fourthly, by criminal force to take or obtain possession of any property, to deprive any person of any incorporeal right, to enforce any right or supposed right.

Fifthly, by criminal force to compel any person to do what he is not legally bound to do or to omit what he is legally entitled to do.

The essence of Unlawful Assembly

The essence of an unlawful assembly is the common object of the person forming the assembly. Whether the object in their mind when they come together to whether it occurs to them afterwards is not material. But the object must be common to the persons who compose the assembly, that is, they should all be aware of it.

Being a member of the unlawful assembly (s.142)

A person is aware of the facts which render any assembly an unlawful assembly. That person intentionally joins that assembly or continues in it. Then, a person is said to be a member of an unlawful assembly,

Punishment for being a member of the unlawful assembly (s.143)

Whenever a person found guilty for a member of an unlawful assembly shall punish with imprisonment of either description for a term which may extend to six months or with fine or with both.

Joining unlawful assembly armed with a deadly weapon (s.144)

Any person who is a member of an unlawful assembly armed with any deadly weapon. Such a weapon used as a weapon of offence and use of it likely to cause death. Then such person shall punish with imprisonment which may extend to two years or with fine or with both.

Meaning of Section 188 of Indian Penal Code

When Police Arrest a Person Without Warrant

Joining or continuing in unlawful assembly knowing it has commanded to dispense (s.145) What is Rioting and Unlawful Assembly?)

A person joins or continues in an unlawful assembly. Moreover, he knows that such unlawful assembly has commanded in the manner prescribed by law to dispense. Such person shall punish with imprisonment for a term up to two years or with fine or both.

Hiring or conniving at hiring of persons to enter the unlawful assembly (s.150)

A person hires or engages or employs or promotes or connives at the hiring, engagement or employment of a person to enter or become a member of an unlawful assembly. Such person shall be punishable for the offence of as a member of such unlawful assembly.

Purposely participating in the assembly of 5 or more persons after it has commanded to disperse (s.151)

A person knowingly joins any unlawful assembly of five or more persons likely to cause disturbance of public peace, after such assembly has lawfully commanded to disperse, shall be punishable with imprisonment for a term which may up to six months or fine or with both.

Assaulting or obstructing public servant when suppressing riot (s.152)

A person assaults or threatens to assault or obstructs or uses criminal force to any public servant in the discharge of his duty in endeavouring to disperse an unlawful assembly or to suppress a riot or affray. Such person shall punish with imprisonment up to three years or with fine.

Wrongly giving provocation with intent to cause riot (s.153)

A person, who maliciously or recklessly gives provocation to another by doing an illegal act. Such a person knowing that such provocation will incite the other to rioting. A person commits rioting in consequence of such provocation shall punish with imprisonment to one year or with fine. And if the offence of rioting has not committed, the punishment up to six months or with fine.

Advancing enmity between different groups and doing acts prejudicial to maintenance of harmony (s.153A)

When a person promotes or attempts to promote by words either spoken or written or by signs or by visible representations, on the ground of religion, race, languages, place of birth, caste, residence or community, disharmony or feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities.

Any person commits any act which is unfavourable to the maintenance of the harmony between different spiritual, language, racial, or spiritual groups or caste which disturbs or likely to disturb the public tranquillity.

When any person cognizes 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 or knowing it to likely that the participants in such activity will use or trained to use criminal force or violence or participants in such activity against any religious, language, racial, or regional group or caste for any purpose whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious shall punish with imprisonment for a term which may extend to three years or with fine or with both.

Offence committed in place of worship

A person performs an offence in any place of worship or any assembly involved in the performance of religious worship or religious functions. Such person shall punish with imprisonment up to five years or with fine or with both.

Harbouring persons hired for an unlawful assembly (s.157)

A person harbours, receives or gathers in any dwelling house in his occupation. He knows that such persons have hired, engaged or employed to join or become members of an unlawful assembly. Such person shall punish with imprisonment for a term which may increase up to 6 months or with fine.

Hired/Appointed to take part in an unlawful assembly or riot s.158)

A person engaged or hired or offers to do or assist in doing any of the acts. Such person shall punish with imprisonment up to six months or with fine or with both. Moreover, a person engaged or hired goes armed with a deadly weapon likely to cause death. Such person shall punish with imprisonment up to two years or with fine or with both.

Affray (s.159-s.160) What is Rioting and Unlawful Assembly?

Two or more person disturbs the public peace by fighting in a public place. They commit the offence of Affray. Punishment for guilty for Affray is imprisonment of for a term up to one month or with fine.

Mukteshwar Rai Vs State of Bihar

The accused persons have alleged to have formed an unlawful assembly. They gathered in a village and set some houses on fire and ransacked. However, two persons died as they got burnt and two could not trace out. The supreme court agreed with the finding of the High Court as to the formation of the unlawful assembly. But as to the outcome that the common object of the unlawful assembly was to commit murder took somewhat a different view and observed. The specific overt acts attributed to A1 and five others have actively participated in setting the fire. Furthermore thrown some of the victims into fire stands disbelieved.

It may also note that none of the PW’s has injured. And we find from the judgement of High Court that none of the witnesses says that any one of the appellants has armed. In such a situation, the question is whether appellants also had a common object of committing the murder. After scrutiny of the evidence, we find that two persons have charred to death. This must have the result of setting five to those houses. With regards the other two missing persons it cannot conclude that they have murdered in the absence of any iota of evidence. Under these circumstances, we find it very tough to believe that a common object of the unlawful assembly was to commit murder.

FAQ

Q. Rioting meaning in Tamil?

A. கலவரம் Kalavaram

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