Offences Against Public Tranquility under IPC | Law Optional Notes for UPSC PDF Download

Introduction

• Offences against public tranquility refer to actions or behaviors that disrupt peace, calm, and order in society. These acts can cause inconvenience, annoyance, or alarm to the public, leading to the disruption of normal societal functioning.
• In legal terms, these offences involve crimes committed in public places that have the potential to create fear or disturbance among the public. Examples include rioting, unlawful assembly, affray, and disorderly conduct.
• These offences are deemed serious and can result in legal penalties such as imprisonment and fines. The primary aim of criminalizing these actions is to maintain public order and peace and prevent individuals from engaging in behaviors harmful to the community.

Unlawful Assembly under the Indian Penal Code (IPC)

Definition of Unlawful Assembly

• Unlawful assembly, as per Section 141 of the Indian Penal Code, involves five or more individuals gathering with the shared intention of committing a crime or obstructing the enforcement of a law.
• Examples include a group planning theft or violent protests against legal processes.
• Participation in an unlawful assembly can lead to imprisonment or fines to uphold public order.

Ingredients of an Unlawful Assembly (Section 141)

• An assembly must comprise at least five people with a common illegal intent.
• Participants must intend to commit a crime or resist legal procedures.
• Intent must be present during the assembly, known to all members.

Membership in an Unlawful Assembly (Section 142)

• Section 142 penalizes individuals who knowingly join or remain in an unlawful assembly.
• Liability requires proof of the individual's awareness of the assembly's illegal nature.

Punishment under Section 143

• Section 143 entails imprisonment up to six months or fines for being part of an unlawful assembly.
• Additional charges apply if assembly members engage in further criminal activities.

Joining Unlawful Assembly with Deadly Weapon (Section 144)

• Section 144 penalizes being part of an unlawful assembly while armed, with imprisonment up to two years.
• Penalties under this section are separate from those under Section 143.

Joining or Continuing in an Unlawful Assembly after Dispersal Order (Section 145)

• Section 145 criminalizes participation in an unlawful assembly after being ordered to disperse, with penalties of up to two years' imprisonment.
• Penalties are in addition to those under Section 143.

Connected Provisions of Unlawful Assembly

• Section 149 holds all members of an unlawful assembly accountable for crimes committed in pursuit of its objectives.
• Section 150 penalizes hiring individuals for an unlawful assembly.
• Section 151 addresses knowingly joining or continuing in an assembly post dispersal command.
• Section 154 pertains to joining an unlawful assembly armed with a deadly weapon.
• Other sections cover various scenarios related to unlawful assemblies and their legal consequences.

Rioting

Rioting under Section 146

• Rioting, as per Section 146 of the Indian Penal Code, refers to the use of force or violence by a group of five or more individuals or the use of criminal force by an individual.
• To prove the offence of rioting, it must be shown that:
  • An assembly of five or more individuals engaged in the use of force or violence or criminal force.
  • The use of force or violence was intentional and not accidental.
  • The force used was not in self-defense or defense of others.

Punishment for Rioting

• Imprisonment for up to two years, a fine, or both is the penalty for rioting as per Section 147 of the Indian Penal Code.

Rioting Armed with a Deadly Weapon

• Rioting with a deadly weapon, under Section 148 of the Indian Penal Code, involves the use of force or violence by a group of five or more individuals or by an individual armed with a deadly weapon.
• To establish this offence, the prosecution must prove:
  • An assembly of five or more individuals involved in force or violence.
  • The force used was intentional and not accidental.
  • The force was not in self-defense or defense of others.
  • Presence of one or more individuals in the assembly armed with a deadly weapon.
• The punishment for this offence is imprisonment for up to three years, a fine, or both.

Other Connected Provisions of Riot

• Assaulting or Obstructing Public Servants when Suppressing Riots, etc. (Section 152)
  • This section deals with assaulting or obstructing public servants during the suppression of a riot. The penalty is imprisonment for up to three years, a fine, or both.
• Wantonly Giving Provocation with Intent to Cause a Riot (Section 153)
  • Section 153 addresses giving provocation to cause a riot. If a riot ensues due to the provocation, the individual responsible may face imprisonment for up to three years, a fine, or both.

Difference between Riot and Unlawful Assembly

Unlawful Assembly

• Defined under Section 141 of the Indian Penal Code, 1860, as an assembly of five or more persons with a common object of using force or violence, or the use of criminal force.
• It is not necessary for the assembly to actually use force or violence; the common object suffices.
• Example: A group gathering to intimidate a community without resorting to violence.

Riot

• Defined under Section 146 of the Indian Penal Code, 1860, as the use of force or violence causing disturbance to public tranquility.
• Actual use of force or violence is required to establish the offense.
• Example: A mob engaging in violent behavior leading to public unrest.

Key Differences

• Unlawful Assembly is based on the common object of the assembly, while Riot requires the actual use of force or violence.
• Unlawful Assembly does not necessitate the actual use of force, unlike Riot.
• Example: Planning a protest (Unlawful Assembly) versus engaging in violent acts during a protest (Riot).

Affray under Section 159

• Definition of Affray: Affray, as per common law, refers to a situation where two or more individuals engage in fighting or violent behavior in a public place, causing fear or alarm among the public.
• Nature of Offense: Affray is viewed as a disturbance of peace that involves a smaller group of individuals compared to a riot and does not necessarily lead to property destruction.
• Key Elements of Affray under Section 159 of the Indian Penal Code:
  • Involvement of Two or More Persons: The offense requires the participation of at least two individuals.
  • Use of Force or Violence: One or more individuals involved must use force or violence in a manner that causes public alarm.
  • Alarm to the Public: The use of force or violence must result in public alarm or disturbance of peace.
• Penalties for Committing Affray: Individuals found guilty of affray may face imprisonment for up to one month, a fine, or both, as outlined in Section 160 of the IPC, 1860.