Chapter-VIII explains the provisions about the offences against the public tranquility. This Chapter contains Sections 141 to 160. The Unlawful Assembly, Rioting, Affray, etc., are the main offences. These offences are injurious to the public peace. For the development of a society, there must be peace in the society.
SECTION 142—BEING THE MEMBER OF UNLAWFUL ASSEMBLY:-
Joining the unlawful assembly and continuing in it intentionally by knowing its common object.
That person is considered to be the member of the unlawful assembly.
SECTION 143—PUNISHMENT FOR BEING THE MEMBER OF UNLAWFUL ASSEMBLY:-
Imprisonment for six months or fine or both.
- Accused person should be five or more persons.
- Those persons must be firing into unlawful assembly.
- Animated by common object.
- Members must use force or violence.
- Such force or violence should be used in prosecuting of the common object.
SECTION 147—PUNISHMENT FOR RIOTING:-
Imprisonment for two years or fine or both.
SECTION 148—PUNISHMENT FOR RIOTING IF COMMITER WITH DEADLY WEAPONS:-
CLASSIFICATION OF OFFENCE The punishment for an offence under 148 is prescribed as Imprisonment for 3years, or fine or both. It is a cognizable offence and it is Triable by any Magistrate of the first class.
Unlawful assembly is equal to five or more Persons plus Common object.
Rioting is equal to Unlawful assembly plus Violence.
SECTION. 153.A – Promoting enmity between different groups on grounds of Religion, Race, Place of birth, Residents, Language etc.. and doing acts prejudicial to the maintenance of harmony is punishable with imprisonment for three years or fine or both.
If the Offence is committed in the place of Worship—punishment is Imprisonment for 5years and fine.
SECTION 153.B—Imputations, Assertions, Pre-judicial to National Integration, it is punishable with Imprisonment for 3years or fine or both.
SECTION 159 — AFFRAY
- There must be two or more persons.
- A fighting in a public place.
- By that fighting they should disturb the public peace.
Affray – When two or more persons, by fighting in a public place, disturb
the public peace, they are said to ―Commit an affray.
SECTION 160—PUNISHMENT FOR AFFRAY:-
Imprisonment up to one month or up to Rupees 100/- or both.
EXAMPLE – Muslims were purchasing Cow’s for slaughtering them. Hindus snatched Cows and pushed away the Muslims. Hindus were 10 in number.
Forming a group for snatching away is an Unlawful assembly.
Going to Muslim place and snatching away is Rioting.