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IPC Sections 141 to 160: Offences Against Public Tranquillity

Chapter VIII of the Indian Penal Code, 1860 dealt with unlawful assembly, rioting, liability based on the common object of an assembly, provocation to riot, offences affecting harmony and national integration, and affray.

Applicable legal period: This article explains the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973 position applicable before the Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. It is intended for matters governed by the earlier law, subject to the applicable repeal and saving provisions.

Meaning of Unlawful Assembly, Rioting and Common Object

Section 141 IPC - Unlawful assembly: An assembly of five or more persons becomes an unlawful assembly when its common object falls within any of the objects specified in Section 141. These include overawing Government or a public servant by criminal force, resisting execution of law or legal process, committing mischief, criminal trespass or another offence, taking or enforcing possession or a right by criminal force, or compelling a person by criminal force to do what the person is not legally bound to do or to omit what the person is legally entitled to do. An assembly that was lawful when it assembled may subsequently become unlawful.

Section 142 IPC - Membership of unlawful assembly: A person is a member of an unlawful assembly when, being aware of facts that render the assembly unlawful, the person intentionally joins it or continues in it.

Section 146 IPC - Rioting: Rioting occurs when force or violence is used by an unlawful assembly, or by any member of it, in prosecution of the common object of that assembly. Every member of that unlawful assembly is then guilty of rioting.

Section 149 IPC - Common-object liability: If an offence is committed by a member of an unlawful assembly in prosecution of its common object, or is an offence that the members knew was likely to be committed in prosecution of that object, every person who was a member of the assembly at the time is guilty of that offence. Section 149 therefore creates liability linked to membership and the common object; it is not itself a separate punishment provision.

IPC Sections 141 to 160 Explained

Sections 141 and 142 - Unlawful Assembly and Membership

Section 141 defines an unlawful assembly by reference to an assembly of at least five persons and its common object. Section 142 explains when a person, with knowledge of the facts making the assembly unlawful, becomes a member by intentionally joining or continuing in it.

Section 143 - Punishment for Membership of Unlawful Assembly

A member of an unlawful assembly may be punished with imprisonment of either description for up to six months, or fine, or both.

Section 144 - Joining Unlawful Assembly Armed with Deadly Weapon

This section applies when a member of an unlawful assembly is armed with a deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death. Punishment may extend to two years, or fine, or both.

Section 145 - Joining or Continuing After Command to Disperse

Where an unlawful assembly has been lawfully commanded to disperse, a person who knowingly joins or continues in it may be punished with imprisonment up to two years, or fine, or both.

Sections 146, 147 and 148 - Rioting

Section 146 defines rioting. Section 147 provides punishment for rioting of imprisonment up to two years, or fine, or both. Section 148 applies where a person guilty of rioting is armed with a deadly weapon, or with anything likely to cause death when used as a weapon of offence; punishment may extend to three years, or fine, or both.

Section 149 - Offence Committed in Prosecution of Common Object

Every member of an unlawful assembly can incur liability for an offence committed by a member in prosecution of the assembly's common object, or for an offence that the members knew to be likely in prosecution of that object, provided the person was a member when the offence was committed.

Section 150 - Hiring Persons to Join Unlawful Assembly

A person who hires, engages, employs, promotes or connives at the hiring, engagement or employment of another to join or become a member of an unlawful assembly is punishable as a member of that assembly and for an offence committed by a person so hired in pursuance of the hiring that the hirer knew was likely to be committed.

Section 151 - Continuing in Assembly After Command to Disperse

This section concerns knowingly joining or continuing in an assembly of five or more persons likely to cause disturbance of public peace after it has been lawfully commanded to disperse. Punishment may extend to six months, or fine, or both.

Section 152 - Assaulting or Obstructing Public Servant Suppressing Riot

A person who assaults, threatens to assault, obstructs, attempts to obstruct, or uses or threatens criminal force against a public servant acting to disperse an unlawful assembly or suppress a riot or affray may be punished with imprisonment up to three years, or fine, or both.

Section 153 - Wantonly Giving Provocation with Intent to Cause Riot

Section 153 applies to illegal and wanton provocation given malignantly, or wantonly by doing an illegal act, intending or knowing it to be likely that the provocation will cause rioting. If rioting is committed in consequence, imprisonment may extend to one year, or fine, or both; if rioting is not committed, imprisonment may extend to six months, or fine, or both.

Section 153A - Promoting Enmity Between Groups

Section 153A addressed specified acts promoting or attempting to promote, on grounds such as religion, race, place of birth, residence, language, caste or community, disharmony or feelings of enmity, hatred or ill-will between different groups, as well as specified acts prejudicial to harmony and certain organised activities involving criminal force or violence. The ordinary punishment could extend to three years, or fine, or both. Where the offence was committed in a place of worship or in an assembly engaged in religious worship or religious ceremonies, imprisonment could extend to five years and the offender was also liable to fine.

Section 153B - Imputations and Assertions Prejudicial to National Integration

Section 153B dealt with specified imputations and assertions concerning classes of persons, including assertions affecting their rights as citizens or causing or likely to cause disharmony, enmity, hatred or ill-will. The ordinary punishment could extend to three years, or fine, or both. The aggravated form connected with a place of worship or an assembly engaged in religious worship or religious ceremonies could extend to five years and fine.

Sections 154 to 156 - Responsibility Connected with Land and Benefit from Riot

Section 154 imposed a fine, up to the statutory limit, on an owner, occupier or person interested in land in specified circumstances where an unlawful assembly or riot occurred and the required notice or lawful preventive or suppressive steps were not taken. Section 155 dealt with liability of a person for whose benefit or on whose behalf a riot was committed where required lawful means to prevent or suppress it were not used. Section 156 dealt correspondingly with the agent or manager of such owner or occupier.

Section 157 - Harbouring Persons Hired for Unlawful Assembly

A person who knowingly harbours, receives or assembles in premises under the person's occupation or control persons who have been hired, engaged or employed, or are about to be hired, engaged or employed, to join an unlawful assembly may be punished with imprisonment up to six months, or fine, or both.

Section 158 - Being Hired to Take Part in Unlawful Assembly or Riot

A person who is engaged, hired, offers or attempts to be hired or engaged to do or assist in doing acts specified in Section 158 may be punished with imprisonment up to six months, or fine, or both. The aggravated armed form under the same section may attract imprisonment up to two years, or fine, or both.

Sections 159 and 160 - Affray

Section 159 defines affray: when two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray. Section 160 provides punishment for committing an affray: imprisonment up to one month, or fine up to one hundred rupees, or both.

Classification of Chapter VIII Offences under the CrPC First Schedule

The following table states the pre-BNSS procedural classification under the First Schedule to the Code of Criminal Procedure, 1973. Sections 141, 142, 146 and 159 are definition provisions and therefore do not carry separate punishment classifications.

IPC section	Offence or effect	Punishment	Cognizability	Bail	Court
143	Member of unlawful assembly	Up to 6 months, or fine, or both	Cognizable	Bailable	Any Magistrate
144	Joining unlawful assembly armed with deadly weapon	Up to 2 years, or fine, or both	Cognizable	Bailable	Any Magistrate
145	Joining or continuing after command to disperse	Up to 2 years, or fine, or both	Cognizable	Bailable	Any Magistrate
147	Rioting	Up to 2 years, or fine, or both	Cognizable	Bailable	Any Magistrate
148	Rioting armed with deadly weapon	Up to 3 years, or fine, or both	Cognizable	Bailable	Magistrate of the First Class
149	Liability for offence committed in prosecution of common object	Same as the offence	According to the offence	According to the offence	Court by which the offence is triable
150	Hiring or engaging persons for unlawful assembly	Same as for a member of the assembly and for an offence committed as provided by Section 150	Cognizable	According to the relevant offence	Court by which the relevant offence is triable
151	Joining or continuing in assembly after command to disperse	Up to 6 months, or fine, or both	Cognizable	Bailable	Any Magistrate
152	Assaulting or obstructing public servant suppressing riot, etc.	Up to 3 years, or fine, or both	Cognizable	Bailable	Magistrate of the First Class
153	Provocation with intent to cause riot; riot committed	Up to 1 year, or fine, or both	Cognizable	Bailable	Any Magistrate
153	Provocation with intent to cause riot; riot not committed	Up to 6 months, or fine, or both	Cognizable	Bailable	Magistrate of the First Class
153A	Promoting enmity, etc.	Up to 3 years, or fine, or both	Cognizable	Non-bailable	Magistrate of the First Class
153A	Offence in place of worship or religious assembly	Up to 5 years and fine	Cognizable	Non-bailable	Magistrate of the First Class
153B	Imputations or assertions prejudicial to national integration	Up to 3 years, or fine, or both	Cognizable	Non-bailable	Magistrate of the First Class
153B	Aggravated form connected with place of worship or religious assembly	Up to 5 years and fine	Cognizable	Non-bailable	Magistrate of the First Class
154	Owner or occupier of land on which unlawful assembly or riot occurs	Fine up to Rs. 1,000	Non-cognizable	Bailable	Any Magistrate
155	Liability of person for whose benefit riot is committed	Fine	Non-cognizable	Bailable	Any Magistrate
156	Liability of agent or manager connected with riot	Fine	Non-cognizable	Bailable	Any Magistrate
157	Harbouring persons hired for unlawful assembly	Up to 6 months, or fine, or both	Cognizable	Bailable	Any Magistrate
158	Being hired or engaged to take part	Up to 6 months, or fine, or both	Cognizable	Bailable	Any Magistrate
158	Being hired and going armed	Up to 2 years, or fine, or both	Cognizable	Bailable	Any Magistrate
160	Committing affray	Up to 1 month, or fine up to Rs. 100, or both	Cognizable	Bailable	Any Magistrate

Procedural classification can be affected by a special or local law and by the combination of charges in a particular case. The table states the general First Schedule classification under the CrPC applicable to the IPC provisions shown.

Key Legal Points

Minimum number: An unlawful assembly under Section 141 requires five or more persons. Common object: Section 149 focuses on the common object of the unlawful assembly and the statutory test of an offence committed in prosecution of that object or known to be likely. Rioting: The use of force or violence by an unlawful assembly or a member in prosecution of its common object brings Section 146 into operation. Affray: Unlike unlawful assembly, Section 159 concerns fighting by two or more persons in a public place in a manner that disturbs public peace.