INTRODUCTION
Freedom of Assembly is a fundamental right which is available to every citizen of Pakistan and secured by Article 16 of the Constitution of the Islamic Republic of Pakistan, 1973. But where persons assemble to commit any breach of law, the same would become unlawful, and where the strength of such assembly is five or more persons, it would become ‘Unlawful Assembly’ which is an offence.
RELEVANT PROVISIONS
Sections 141, 142, 143, 144, 145 and 149 of P.P.C. 1860 deal with unlawful assembly.
DEFINITION OF UNLAWFUL ASSEMBLY
Section 141 defines Unlawful Assembly as follows;
An assembly of five or more persons is said to be an unlawful assembly if the common object of the persons composing that assembly is;
First: To overawe by criminal or by show of criminal force;
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- The Federal Government
- Any Provincial Government
- Legislature
- Any public servant in the exercise of the lawful power of such public servant
Second: To resist the execution of law or legal process
Third: To commit any mischief, criminal trespass or other offence
Fourth: By means of criminal force
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- To any person to take or obtain possession of any property
- To deprive any person of the enjoyment of a right of way, of the use of water or other any incorporeal right of which he is in possession or enjoyment, or
- To enforce any right or supposed right
Fifth: By means of criminal force to compel any person
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- To do what he is not legally bound to do
- To omit to do what he is legally entitled to do
ESSENTIALS OF UNLAWFUL ASSEMBLY
Following are the essentials of Unlawful Assembly that are mentioned in Section 141 P.P.C.
1. NUMBER OF PERSONS:
There must be at least 5 or more persons having one of the five specified objects as their common object as mentioned in Section 141. A conviction for being a member of an unlawful assembly requires proof that there was an unlawful assembly consisting of at least five persons.
2. COMMON OBJECT:
An assembly of five or more persons becomes unlawful assembly only if their common object is to commit any offence by show or use of force. Where the common object is not proved, there can be no conviction under this section.
3. COMMON OBJECT MUST BE UNLAWFUL:
Section 141 would apply only if the common object of an assembly is unlawful. Where the assembly is performing a lawful act, it cannot be declared an unlawful assembly.
4. MERE PRESENCE:
Mere presence in an assembly does not make a person a member of an unlawful assembly unless it is shown that he had done something or omitted to do something which would make him a member of an unlawful assembly.
MEMBER OF THE UNLAWFUL ASSEMBLY?
Section 142 of P.P.C states that every person shall be a member of the unlawful assembly who is well aware of the facts which render an assembly to be unlawful, joins such assembly or continues to be a member of such assembly.
VICARIOUS LIABILITY IN UNLAWFUL ASSEMBLY U/s 149
If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, every person who, at the time of the committing of that offence, is a member of the same assembly is guilty of that offence. Hence, he is vicariously liable for that what he has not done.
JOINING UNLAWFUL ASSEMBLY U/s 143
Whoever is a member of unlawful assembly shall be punished with:
- Imprisonment of either description for a term which may extend to six months
- Fine
- Both
JOINING UNLAWFUL ASSEMBLY U/s 144
Whoever is armed with a deadly weapon or anything which if used as a weapon can cause the death of any person and is a member of an unlawful shall be punished with
- Imprisonment of either description for a term which may extend to two years
- Fine
- Both
JOINING UNLAWFUL ASSEMBLY U/s 145
Whoever being aware that the Unlawful Assembly is commanded to be dispersed joins such assembly or continues to be a member of such assembly shall be punished with
- Imprisonment of either description for a term which may extend to two years
- Fine
- Both
CONCLUSION
The essence of Unlawful Assembly is the combination of several persons united in the purpose of committing a criminal offence and that purpose constitutes in itself an offence distinct from the criminal offence which these persons agree and intend to commit. It follows that the accused may be convicted for being members of an unlawful assembly as well as for the actual offence committed by the assembly.
FAQs
Define unlawful assembly. What are those circumstances that convert it into rioting?
(2016-8)
Constitutional freedom of an association can turn into an unlawful assembly, which is an independent crime without doing any further act. It aggravates with use of violence, so increases the punishment. Discuss.
(2015-A)
What constitutes unlawful assembly? Discuss punishment prescribed for various offences relating to unlawful assembly.
(2010-A)
What constitutes an unlawful assembly? Also, state punishments are provided for such offences.
(2009-S)
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