Indian Penal Code Section 150: Hiring for Unlawful Assembly
1. Code:
Section 150 of the Indian Penal Code states:
“Whoever hires or engages or attempts to hire or engage any person to be a member of an unlawful assembly, knowing it to be an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.”
2. Explanation:
This section deals with the act of hiring or engaging someone to participate in an unlawful assembly.
It criminalizes the action of knowingly recruiting individuals for a gathering that is considered illegal under the law.
The key elements of this offense are:
- Hiring or engaging a person
- The purpose of the hiring is for the person to be a member of an unlawful assembly
- The hirer knows that the assembly is unlawful.
3. Illustration:
Imagine a situation where a political leader hires a group of individuals to disrupt a public event, knowing that the planned disruption constitutes an unlawful assembly. The leader, in this case, would be committing the offense under Section 150 of the IPC.
4. Common Questions and Answers:
Q: What constitutes an unlawful assembly?
A: Section 141 of the IPC defines an unlawful assembly as an assembly of five or more persons with a common object to commit an illegal act or to use criminal force or to intimidate a person or group of people.
Q: What is the difference between hiring for an unlawful assembly and simply being a member of an unlawful assembly?
A: Hiring for an unlawful assembly involves actively recruiting and engaging individuals to participate in the illegal gathering, while simply being a member implies being present at the unlawful assembly without actively recruiting others.
Q: What is the punishment for hiring for an unlawful assembly?
A: The punishment for hiring for an unlawful assembly is imprisonment for up to one year, or a fine, or both.
