Unlawful assembly
AI Assist
Summary
An assembly of five or more is unlawful if the members share an object such as: intimidating government or a public servant by criminal force or a show of force; resisting the execution of law or legal process; committing mischief, criminal trespass or other offences; using force to take property or deprive someone of rights; or forcing a person to do or omit something by criminal force. Such a gathering is treated as an unlawful assembly and its members can face criminal action. A group that began lawful may become unlawful later.
Example
Ravi, Priya, Anjali, Arjun and Meera block a narrow lane and threaten a delivery worker so they can seize goods. Because their common object is to use force to take property and deny the right of way, their gathering is an unlawful assembly and they may be prosecuted.
Bare Act
Enacted textAn assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is:
(1) To overawe by criminal force, or show of criminal force, 1the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or
(2) To resist the execution of any law, or of any legal process; or
(3) To commit any mischief or criminal trespass, or other offence; or
(4) 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
(5) 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.
Explanations
(1) An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.
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