Sections 144 and 145 IPC - Armed Unlawful Assembly and Continuing After Command to Disperse
Sections 144 and 145 of the Indian Penal Code, 1860 dealt with aggravated forms of participation in an unlawful assembly. Section 144 applied where a member was armed with a deadly weapon or an object likely to cause death when used as a weapon of offence. Section 145 applied where a person knowingly joined or continued in an unlawful assembly after it had been lawfully commanded to disperse.
Section 144 IPC - Joining unlawful assembly armed with deadly weapon
144. Joining unlawful assembly armed with deadly weapon. Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Essential ingredients of Section 144
- The accused must be a member of an unlawful assembly.
- The assembly must satisfy the requirements of Sections 141 and 142 IPC.
- The accused must be armed with a deadly weapon, or with an object which, if used as a weapon of offence, is likely to cause death.
Meaning of deadly weapon for Section 144
Section 144 is not confined to an item bearing a particular label. Its wording covers both a deadly weapon and anything which, when used as a weapon of offence, is likely to cause death. The nature of the object and the statutory test concerning its likely effect when used as a weapon are therefore relevant.
Section 145 IPC - Joining or continuing after command to disperse
145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse. Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Essential ingredients of Section 145
- There must be an unlawful assembly.
- The unlawful assembly must have been commanded to disperse in the manner prescribed by law.
- The accused must know that such a command to disperse has been given.
- With that knowledge, the accused must join the unlawful assembly or continue in it.
Knowledge of the command to disperse
Knowledge is expressly built into Section 145. The provision applies to a person who joins or remains in the unlawful assembly knowing that the assembly has already been commanded, in the legally prescribed manner, to disperse.
Punishment and pre-BNS procedural position
| Provision | Section 144 IPC | Section 145 IPC |
|---|---|---|
| Conduct | Membership of unlawful assembly while armed with a deadly weapon or death-likely weapon of offence | Joining or continuing in unlawful assembly with knowledge of a lawful command to disperse |
| Maximum punishment | Imprisonment up to 2 years, or fine, or both | Imprisonment up to 2 years, or fine, or both |
| Cognizable | Yes | Yes |
| Bailable | Yes | Yes |
| Triable by | Any Magistrate | Any Magistrate |
Difference between Sections 143, 144 and 145 IPC
| Section | What it addresses | Maximum imprisonment |
|---|---|---|
| 143 | Membership of an unlawful assembly | 6 months |
| 144 | Membership while armed with a deadly or death-likely weapon | 2 years |
| 145 | Joining or continuing after a lawful command to disperse, with knowledge of that command | 2 years |
Relationship with rioting provisions
Sections 144 and 145 concern participation in an unlawful assembly in the circumstances specified by those provisions. The succeeding Sections 146, 147 and 148 IPC deal with rioting, punishment for rioting, and rioting while armed with a deadly weapon.
Key distinction
Section 144 focuses on the member being armed with the kind of weapon described by the provision. Section 145 instead focuses on the member's knowledge of a legally prescribed command to disperse and the decision to join or remain in the unlawful assembly despite that knowledge.