IPC Section 145: Joining Unlawful Assembly After Dispersal Order

1. The Code

Section 145 of the Indian Penal Code (IPC) states:
“Whoever, being aware that an unlawful assembly has been commanded to disperse, joins such assembly, or continues in the same after such command has been given, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.”

2. Explanation

This section addresses the situation where a group of people have gathered unlawfully, posing a threat to peace and order. The authorities, in such cases, have the power to issue a dispersal order.
This order requires the assembly to break up and disperse. If a person, despite being aware of the order, joins or continues to be part of the unlawful assembly, they commit an offense under Section 145.

3. Illustration

Imagine a group of people protesting against a government policy, blocking a public road. The authorities deem this assembly unlawful and issue a dispersal order. A person, aware of the order, decides to join the protest. This individual will be liable under Section 145.

4. Common Question and Answers

Q: What is an unlawful assembly?
A: An unlawful assembly is a gathering of people for a common purpose with the intent to commit an illegal act, cause disturbance, or intimidate others.

Q: Who can issue a dispersal order?
A: A competent authority, such as a police officer or magistrate, has the power to issue a dispersal order.

Q: What are the punishments under Section 145?
A: The punishment for violating Section 145 includes imprisonment up to six months, a fine, or both.

Q: Can I be charged under Section 145 if I was not aware of the dispersal order?
A: It is a defense to argue that you were not aware of the dispersal order. However, it is essential to prove that you were genuinely unaware, not just claiming ignorance.