In Indian constitution, there are sections which state that the offense against rioting, unlawful assembly, affray are considered as the punishable offense. Let us study them in detail.
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 which may even extend for a month. Furthermore, they can also have a monetary fine. The punishment can be monetary or imprisonment or both.
Browse more Topics under Indian Penal Code
- Definition and Meaning of Crime
- Difference between Crime and Tort
- Theories and Kinds of Punishment
- Stages of Crime
- Elements of Crime
- Codification of Law of Crime in India
- Abetment under IPC – Insitgation, Conspiracy, Aid
- Offence affecting Life – Hurt Part I (Section 319 to Section 325)
- Offence affecting Life – Hurt Part II (Section 325 to Section 338)
- Offence Affecting Property – Theft
- Offence Affecting Property – Extortion
- Offence Affecting Property – Robbery and Dacoity
- Offence Affecting Property – Criminal Misappropriation of Property
- Offence Affecting Property – Criminal Breach of Trust
- Offence Affecting Property – Receiving of Stolen Property
- Offence Affecting Property – Cheating
- Offence relating to Marriage – Cruelty caused by Husband or relative of Husband
- Criminal Intimidation, Insult, and Annoyance
- Offences against State
- Offences Relating to Religion – IPC 295Offences Relating to Elections
In ‘unlawful assembly’, the group of person 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 to be fined with imprisonment of a certain term or is liable to pay the fine. If the same members of the unlawful assembly are found to be rioting using a deadly weapon which can likely cause 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.
Questions on Unlawful, Assembly, Rioting, Affray
Q. When 2 0r more people fight in public and as a result the peace of the public than it is termed as
B. Unlawful assembly
Answer: C. Affray