Overview: This Kanooni Dhara of the IPC defines the meaning of an unlawful assembly. An unlawful assembly is an assembly of 5 or more persons who have a common objective. Now the common objective must be one of the five kinds which are mentioned in the ingredients. 

Ingredients of the Section: The following are the essentials of this section ;

  1. An assembly of 5 or more persons. 

  2. They must have a common object.

  3. The common object must be one of the five mentioned below : 

    • To intimidate by using criminal force or show criminal force, to Central or any State Government or Parliament or any State Legislature or any public servant; or

    • To oppose/resist the performance of any law or legal process; or

    • To carry out any mischief or criminal trespass or any other offence; or

    • By use of criminal force takes possession of any property or deprives any person of the right to the way or the use of water or any incorporeal right; or

    • With the use or show of cr

Punishment: Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or fine or both under section 143 of IPC.

Composition under section 320 Cr.P.C: This section is not listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties.

Offence Punishment Cognizance Bail Triable By
Unlawful Assembly Imprisonment up to 6 months or fine or both Cognizable Bailable Any Magistrate
Offence Unlawful Assembly
Punishment Imprisonment up to 6 months or fine or both
Cognizance Cognizable
Bail Bailable
Triable By Any Magistrate