Essentials of Unlawful Assembly
What are the essentials of unlawful assembly as well as define punishments for members of unlawful assembly?
Introduction
Article 16 of the constitution of the Islamic Republic of Pakistan 1973, provides “Freedom of Assembly” as a fundamental right to every citizen of Pakistan. But when people make an assembly to commit an unlawful act, then it would become unlawful assembly in the eyes of the law, if the strength of this assembly is five or more persons, it would become unlawful assembly which is an offence. An unlawful assembly is a group of such people who have the mutual intention they start certain acts to attain the property of others illegally or the consent of others in an illegal manner
Meaning of unlawful assembly
A meeting of three or more persons who have the mutual intention to commit a crime or commit to breach of peace
Definition of unlawful assembly
An assembly of five or more persons who have mutual intention to commit a crime or commit to breach of peace by use of force and common objects of the group is to attain something unlawfully from others
Essentials of Unlawful Assembly
Following are the essentials of unlawful assembly. Details are as under
Number of persons
According to section 141 of the Pakistan Penal Code, To call an assembly an unlawful assembly there must be at least 5 or more persons who have common intention as it has been mentioned in section 141 of the Pakistan Penal Code. But in this case, it is the responsibility of the injured person that he should prove that there was an unlawful assembly consisting of at least five persons
Common object
The object must be common to the persons who have assembled this unlawful group. If the object will be common at the time of occurrence of the crime then it will be called an unlawful assembly. Even if the common object is not proved there can be no objection upon all of them by the court of law
The common object must be unlawful
Section 141 of the Pakistan Penal Code will apply only if the common object of an assembly will prove unlawful. If an assembly is performing a lawful act, Even if the common object is not proved unlawful there can be no objection upon all of them by the court of law
Only presence does not make a person a member
According to section 141 of the Pakistan Penal Code, only presence in the assembly does not make a person a member of an unlawful assembly, until he shows commits something wrong or omits someone to do something such commission and omission will make him a member of unlawful assembly
Methods of commission of unlawful assembly
Following are the five objects of unlawful assembly and any one of the five, the lawyer will have to prove before the court of law
Overawe govt authority
According to section 141 of the Pakistan Penal Code, when the purpose of a group of persons is to overawe the federal government, provincial government, or public servant in the exercise of the lawful act by use of force, in this case, all persons of this group will be considered as members of unlawful assembly
Resist the execution of law
According to section 141 of the Pakistan Penal Code, when a group of persons resists in the execution of the process of law by use of force, in this case, it will be considered an unlawful assembly and every person will feel guilt being a member of this assembly
Commission of offence
According to section 141 of the Pakistan Penal Code, When a group of persons commits something wrong or omits someone from doing something that he is entitled to do, in this case, such kind of commission or omission will be considered a crime and all of that person will be considered as a member of an unlawful assembly and will be punished by the court of law
To obtain property or deprive possession
According to section 141 of the Pakistan Penal Code, when a group of persons obtain the property of another or deprives someone of his property by the use of force, in this case, all of those persons will be considered members of an unlawful assembly and will be punished by the court of law
Compel a person to do or not to do a certain act
According to section 141 of the Pakistan Penal Code, when a group of persons compel someone to do something which is not legal or compelled to do something which he is entitled to do, in this case, all of those persons will be considered members of an unlawful assembly and will be punished by the court of law
Who is a member of unlawful assembly
Every person will be considered a member of an unlawful assembly who is aware of the unlawful facts and joins such assembly as a member of such assembly
Punishments for Members
Following are the punishments for those people who are members of unlawful assembly
- Imprisonment which can extend to six months
- Fine
- Both
Punishment for weaponed members
Following are the punishments for those members who joined the assembly with deadly weapons
- Imprisonment can be extended up to two years
- Fine
- Both
Vicarious liability
Under the Pakistan penal code, if one person commits a crime to achieve the common object of his unlawful assembly, in this case, all of the persons who are the members of this assembly will be considered criminal and vicarious liability will be imposed upon all of them
Conclusion
The meaning of unlawful assembly is that where five or more than five persons get together to achieve unlawful targets will be considered the members of an unlawful assembly. If one member of the assembly commits something wrong and obtains a piece of land from someone without his legal consent or deprives someone of his land which is legally recognized, in this case, vicarious liability will be imposed upon all of them. There are certain types of punishments for unlawful assembly which are imprisonment, fine and both