![]() ![]() To overawe government by criminal force:. The object was specified as follows in section 141:-ġ. The common object must be to commit one of the five illegal objects specified in the section:. Emperor, and that the object must be ‘common’ to the individuals who make up the assembly.”A common object is where all or at least five members of the assembly possess one object and share it.ģ. “The court stated that “the word ‘object’ means the purpose or design of doing a thing that is intended to be done in the case of Sheik Yusuf v. The law does not declare a mere assembly of men, however large it may be, as illegal if it is not inspired by an unlawful common object. “Where only five named persons have been charged with constituting an unlawful assembly and one or more of them have been acquitted, the remaining accused (less than five) may not be convicted as members of an unlawful assembly unless it is established that, in addition to convicted persons, the unlawful assembly consisted of other persons who were not identified and who were unable to be named.” State of Uttar Pradesh, the SC of India upheld that:. There has to be an assembly of five people:. There must be an ‘objective community.’ Essentials of Unlawful Assemblyġ. The ‘common object’ expression means that all the members of the assembly should share and possess the object. The main components of this section are that there has been an assembly of five or more persons and they have a common object, one of the five specified in this section must be this common object. Section141 reveals that the essence of an unlawful assembly is that five or more people collectively commit an offence. In order to deter people from committing crimes in groups, the Penal Code provides for vicarious responsibility. The principal reason why unlawful assembly is criminalized is to preserve public peace and order. Such an unruly assembly is referred to as an ‘unlawful assembly’. The legal provisions relating to public order and peace have been primarily enshrined in the IPC.Īn assembly may become unruly and may cause injury to individuals, property or public order. The legislators of our nation have taken commendable steps in order to preserve public order and tranquility among the people of society. Maintaining public order and ensuring tranquility in public discourse is every government’s primary objective. Peace, and more importantly, the belief that peace prevails, is essential to the existence of a civilized society. It is of utmost importance for a country to grow, develop and reach new heights of good governance that its government should be able to offer its citizens a peaceful and egalitarian environment. ![]()
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