IPC Section 143
🔹 IPC Section 143: Punishment for being a member of an unlawful assembly
Text of Section 143:
"Whoever is a member of an unlawful assembly shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both."
🔍 Key Points of Section 143:
What is an Unlawful Assembly?
An unlawful assembly is defined under Section 141 of the IPC.
It means a gathering of five or more persons with a common object to do something unlawful or to use force or violence to achieve their object.
The assembly is considered unlawful if its common object is:
To commit a crime,
To resist legal authority,
To overawe government,
To commit mischief, etc.
Being a Member of Unlawful Assembly:
Simply being present as a member of such an assembly is an offense under Section 143.
It does not require any active participation; membership alone is punishable.
Mental Element (Mens Rea):
The person must know or have reason to believe that the assembly is unlawful.
If a person is mistakenly part of a lawful assembly, this section does not apply.
Punishment:
Simple imprisonment (i.e., imprisonment without hard labor) for up to 6 months,
or fine,
or both.
⚖️ Purpose of Section 143:
To deter people from joining unlawful groups that threaten public peace.
To stop the formation or continuation of assemblies with illegal objectives.
To prevent the spread of violence or disorder caused by such groups.
🔄 Relation to Other Sections:
Section 141 IPC: Defines what constitutes an unlawful assembly.
Section 144 CrPC: Often used by authorities to prohibit assemblies to maintain peace.
Other sections like 144, 145, 147, 148, 149 IPC deal with escalating levels of offenses involving unlawful or rioting assemblies.
✅ Example:
If 5 or more people gather with the intention to forcibly prevent a person from carrying out their lawful work, this gathering becomes an unlawful assembly. Even if a member does not commit any violent act, just being part of this group makes him liable under Section 143.
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