Unlawful assembly

What this section does

This section defines 'unlawful assembly' as a gathering of five or more persons with a common object falling within specified categories of coercive or criminal purpose, and creates multiple graduated offences for membership, armed membership, refusal to disperse, hiring/harbouring members, and going armed for hire. Penalties range from six months to two years depending on the specific sub-offence.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Sub-section (2): Imprisonment of either description up to six months, or fine, or both. Sub-section (3): Imprisonment of either description up to two years, or fine, or both. Sub-section (4): Imprisonment of either description up to two years, or fine, or both. Sub-section (5): Imprisonment of either description up to six months, or fine, or both. Sub-section (7): Imprisonment of either description up to six months, or fine, or both. Sub-section (8): Imprisonment of either description up to six months, or fine, or both. Sub-section (9): Imprisonment of either description up to two years, or fine, or both.

Triable by

Magistrate of First Class

Cognizable

Yes

Bailable

Yes

Compoundable

No

Ingredients (what prosecution must prove)

1. An assembly of five or more persons existed
2. The common object of the assembly fell within one of the categories in sub-section (1)(a)–(e) (e.g., overawing government, resisting legal process, committing mischief, forcibly taking property, or compelling/preventing lawful acts)
3. For sub-section (2): the accused was aware of facts making the assembly unlawful and intentionally joined or continued in it
4. For sub-section (3): the accused joined or continued in an unlawful assembly after it was lawfully commanded to disperse
5. For sub-section (4): the accused was a member of an unlawful assembly while armed with a deadly weapon or anything likely to cause death
6. For sub-section (5): the accused knowingly joined or continued in an assembly of five or more persons likely to cause public peace disturbance after a lawful command to disperse
7. For sub-section (6): the accused hired, engaged, employed, promoted, or connived at the hiring of any person to join an unlawful assembly
8. For sub-section (7): the accused harboured, received, or assembled persons in premises under his occupation or control, knowing they were hired or about to be hired to join an unlawful assembly
9. For sub-section (8): the accused was engaged or hired, or offered or attempted to be hired, to do any act specified in sub-section (1)
10. For sub-section (9): the accused, being so engaged or hired, went armed or offered to go armed with a deadly weapon or anything likely to cause death

• IPC Section 141 — Unlawful assembly