Answer
Ans:
Introduction:
The essence of an offence us.141 is the combination of several persons, united for the purpose of committing an offence and that consensus of purpose is itself an offence distinct from the offence which these persons agreed and intend to commit.
Relevant Provisions:
S. 141 to 149, PPC.
Definition of Unlawful Assembly:
According to S. 141 of the Pakistan Penal Code, 1860, an assembly of five or more persons is designated as an unlawful assembly if the common object of the persons composing it is:
(a)to overawe by criminal force or show of criminal force the Federal or any Provincial Government or Legislature or any public servant in exercise of the lawful power of such public servant; or
(b) to resist the execution of any law or any legal process; or
(c) to commit any mischief or criminal trespass or other offence; or
(d) 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
(e) 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, becomes an unlawful assembly.
Further whoever being aware of facts which render any assembly an unlawful assembly intentionally joins that assembly or continues in it is aid to be a member an unlawful assembly.
Whenever force or violence is used by an unlawful assembly or by any member thereof in prosecution of the common object of such assembly every member of such assembly is guilty of the offence of rioting.
From the above it will he seen that there must be more than four persons having the common object before the constructive guilt under S. 142 of the Code can arise. The essence of the offence is the common object of the persons forming the assembly. Thus, it has been held that where two or the five persons convicted had no common object with the remaining three the conviction as against the rest cannot stand as there must he five or more persons with the common object to form an unlawful assembly.
Essential Ingredients:
The essential ingredients forming the offence of rioting are:
(a) that the accused persons being five or more in number formed an unlawful assembly.
(b) that they were animated by a common object.
(c) that force or violence was used by the members of the unlawful assembly or any member of it, and
(d) that such force was used in prosecution of the common object.
To overawe by criminal force:
(a) The Central Government, or
(b) Any Provincial Government, or
(c) Any Legislature. or
(d) any public servant in the exercise of lawful power.
To resist the execution of law or legal process;
to commit mischief, criminal trespass;
By criminal force:
(a) To take or obtain possession of any property.
(b) To deprive any person of any incorporeal right, or
(c) to enforce any right or supposed right.
By Criminal force to compel any person:
(a) To do what he is not legally bound to do or
(b) To omit what he is legally entitled to do.
(1) Five or more persons:
An unlawful assembly must consist of five or more persons having one of the
specified objects as their common object, if the fifth person does not share the common object, there is no
unlawful assembly.
(ii) Member of Unlawful Assembly:
Whoever is being aware of fact which renders any assembly an unlawful assembly, intentionally joins that assembly, or continues in it? Is said to he a member of an unlawful assembly.
(Ill) Presence on an unlawful assembly:
Mere presence on an unlawful assembly does not make such a person a member of an unlawful assembly or unless the case falls under S. 142, P.P.C.
(iv) Essence of the offence:
The essence of the offence is the common object of the person forming the assembly. Whether the object is in their minds when they come together or whether it occurs to them afterwards, is not material. But it is necessary that the object should he common to the members who compose the assembly that they should all be aware of it and concur in it. it seems also that there must be some present and immediate purpose of carrying into effect the common object, and that a meeting for deliberation only, and to arrange plans for future action, is not an unlawful assembly.
Punishment:
Whoever is a member of an unlawful assembly shall be punished with imprisonment of either description for a term hitch may extend to six months, or with fine, or with both.
Conclusion:
The essence of the offence is the common object of the persons forming the assembly. Whether the object is in their minds when they come together or whether it occurs to them after\\adds. Is not material. But it is necessary that the object should be common to he persons who compose the assembly that is, they should all be aware of it and concur in it. it seems also that there must be some present and immediate purpose of carrying into effect the common object; and that a meeting for deliberation only, and to arrange plans for future action, is not an unlawful assembly’.
In order to find the common object of an unlawful assembly at the beginning, it is not a legitimate method merely to take all the actual offence committed by it in the course of the riot, and to infer that all these were originally part of its common object, but it most normally be based mere on evidence than the mci-c acts themselves.
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