In the Indian constitution, there are sections that state that the offense against rioting, unlawful assembly, affray are considered as the punishable offense. Let us learn about Affray, Unlawful assembly, Rioting, etc.
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When two or more individuals fight in public and thereby disturbs the peace of the people around them than they are said to have committed crime. This crime is known as committing an affray. Whosever person commits this crime shall be punished under the India judicial system.
The punishment can vary from the description of a term that may even extend for a month. Furthermore, they can also have a monetary fine. The punishment can be monetary or imprisonment or both.
In ‘unlawful assembly’, the group of persons should have more than 5 members. Also, the assembly when it was formed was not unlawful but subsequently became an unlawful assembly is also considered in this. They have said to commit the crime if their common objectives are
- To resist any legal process or the execution of any law.
- Showing the criminal force to the parliament or state and central government or legislature of any state. This can also be referred to a public servant in the attempt of any unlawful use of the power of public servant.
- To commit criminal trespass or any mischief or other offenses.
- By means of criminal force or showing the criminal force to make a person do what he/she is not bounded by law to do. Also, this includes omitting someone what he/she is legally entitled to do.
- By showing criminal force or means of it to anyone to obtain or take possession of their property. This can also be extended to depriving someone the enjoyment and right of the things. So, this includes the use of water or other rights which he/she is in possession of. This also extends to enforce a right on someone without their consent.
- As far as punishment is concerned all the members of the unlawful assembly are punished. They can be punished with imprisonment of a term described to them. This may be extended to months or they may also have to pay the fine.
Whenever the unlawful assembly uses the force or violence in the prosecution of an object that is common for all then every member is guilty. Thus, these members are guilty of the offense once of rioting.
Whosever is found guilty of rioting is fined with imprisonment of a certain term or is liable to pay the fine. If the same members of the unlawful assembly are found rioting using a deadly weapon than they are also punished. The punishment for this may a term of imprisonment which can be extended to three years or fine or both.
When every member of the unlawful assembly is found guilty of an offense committed in the prosecution of a common object than they are liable for the punishment.
In this case, even the members who knew of the crime likely to be committed are also prosecuted. Every member at the time of committing the crime is guilty and is liable for an offense under section 149.
Practice Questions on Affray
Q. What are considered as relevant sections as far as offenses against public tranquility is concerned?
A. Section 141 to 150
B. The sections 141 to 160
C. Section 145 to 155
D. Section 130 to 150
Answer: B. The sections 141 to 160