Unlawful Assembly according to Chapter VIII, Section 141 of Pakistan Penal Code, When five or more persons is designated an “Unlawful Assembly”, if the common object of the persons composing that assembly is;
- Overawe by criminal force authority of Govt i.e Federal or any Provincial Government or Legislature, or any Public Servant in the exercise of the lawful power of such public servant: or
- Resist the execution of law.
- Cause mischief or criminal trespass
- Using criminal force to obtain the possession of property
- Using criminal force to compel a person to do anything illegal or without his consent
- Vicarious liability
Every member of such Unlawful Assembly is liable and has vicarious liability. For proving vicarious liability it must be proved that person done some overt act. Mere presence of person at the spot is no sufficient.
Unlawful Assembly in United States
The First Amendment to the United States Constitution guarantees individuals the right of freedom of assembly. The basis of the offense is the intent with which the individuals assemble. The members of the assembled group must have in mind a fixed purpose to perform an illegal act.
Unlawful Assembly in California
According to California Penal Code 407 PC defines “Unlawful Assembly” as two or more people assembling together for the purpose of: doing something illegal, or. doing something legal, but in a violent, boisterous or tumultuous manner.
Ingredients
According to Sec 141: Following are the ingredients (i) Assembly of five or More Persons: To constitute unlawful assembly, it must consist of five or more persons. If the number of person is less than five, it would not constitute unlawful assembly even if the members have one of the five specified.
Punishments
A member of an unlawful assembly who is armed with any weapon or object that if “used as a weapon of offence, is likely to cause death”, is liable to be more severely punished with an imprisonment term of up to 5 years, or fine, or caning, or a combination of any of these punishments.
Punishments Under Section 143 of PPC
Whoever is a member of unlawful assembly should be punished with Imprisonment of either description for a term which may extend to six months, Fine or Both
Punishments Under Section 144 Where Persons with Deadly Weapon
Where member of an unlawful assembly is armed with a deadly weapon or with anything which is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years or with both.
Punishments Under Section 145 of Pakistan Penal Code
Section 145 provides that whoever being aware that the unlawful assembly is commanded to be disperse joins such assembly or continues to be a member of such assembly shall be punished with imprisonment of either description for a term which may extend to two year or fine or both.
Punishments of Rioting Under Section 147
Punishment of the guilty of Rioting under section 147 is imprisonment of either description for a term which may extend to 2 years of fine or both.
Punishments Under Section 148 of Rioting with Deadly Weapon
who ever 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 punish with imprisonment of either description for a term which my extend to three year or with fine or with both.
What is Considered an Unlawful Assembly?
As per legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group are about to start the act of disturbance, it is termed a rout; if the disturbance is commenced, it is then termed a riot.
Section 144 in Indian Law?
Section 144 of the Criminal Procedure Code (CrPC) of 1973 empowers a magistrate to prohibit an assembly of more than four people in an area. According to sections 141-149 of the Indian Penal Code (IPC), the maximum punishment for engaging in rioting is rigorous imprisonment for 3 years and/or fine.
Unlawful Assembly Under CrPC
Section 144 of the Criminal Procedure Code (CrPC) of 1973 empowers an executive magistrate to prohibit an assembly of more than four people in an area. Every member of an unlawful assembly can be held responsible for a crime committed by the group.