Offence against state MCQ Quiz in मल्याळम - Objective Question with Answer for Offence against state - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is Option 2.

Key Points Section 141 in The Indian Penal Code
Unlawful assembly.—An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is—
(First) — To overawe by criminal force, or show of criminal force, 1[the Central or any State Government or Parliament or the Legis­lature of any State], or any public servant in the exercise of the lawful power of such public servant; or
(Second) — To resist the execution of any law, or of any legal process; or
(Third) — To commit any mischief or criminal trespass, or other offence; or
(Fourth) — By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
(Fifth) — By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.—An assembly which was not unlawful when it assem­bled, may subsequently become an unlawful assembly.

Additional Information Punishment for Being a Member of an Unlawful Assembly

• Section 142 of the IPC provides that if a person continues to be in an unlawful assembly after knowing it is illegal, he is considered a member of that unlawful assembly.
• Members of the unlawful assembly must be liable for the punishment provided under section 143 of the Indian Penal Code.
• Section 143 of the IPC states that members of the unlawful assembly must be punished with imprisonment of not more than six months, a fine, or both.

Example: 

• A and 4 of his friends decided to protest against a government policy to ban alcohol. It is not an unlawful assembly if they are protesting, sitting silently and showing their displeasure.
• Suppose they decide to destroy public property to intimidate the Government for the decision. In that case, all 5 of them are part of unlawful assembly and will be liable to punishment under the Indian Penal Code.

Section 149 of the IPC clearly states that if an offence is committed to prosecuting a common object, then every member of an unlawful assembly sharing such object will be guilty of it. Important Points Case Law:

• State of Uttar Pradesh v. Ravindra @ Babloo, 2020, SC: An overt act of every member of the unlawful assembly is unnecessary if the common object is present from the course of conduct adopted by the members
• Moti Das v. State of Bihar, 1954, SC: An assembly which is lawful in the beginning can become unlawful if it turns violent and the members start assaulting the victim.