| Q.1- | What are the principal offences covered by Chapter – VIII? |
| Ans.- | The chapter VIII of IPC deals with offences against the public tranquility and covers four principal offences, namely – unlawful assembly, rioting, promoting enmity between different classes, and affray. |
| Q.2- | What are the essential ingredients of unlawful assembly? |
| Ans.- | (1) Assembly must of five or more persons.
(2) They should be assembled for common object. (3) Common object is limited to five unlawful objects mentioned in section 141. |
| Q.3- | What are the five unlawful objects? |
| Ans.- | (a) to overawe by criminal force or show of criminal force against government, or
(b) to resist the execution of the or legal process; or (c) to commit mischief, criminal trespass or any other offence; or (d) by using or showing of criminal force to take rights or property; or (e) by using or showing of criminal force, to compel any person to do illegal |
| Q.4- | Whether being member of unlawful assembly is an offence? |
| Ans.- | Yes. It is punishable under section 143. |
| Q.5- | What are the serious natures of unlawful assembly? |
| Ans.- | (i) Joining unlawful assembly armed with deadly weapon; and
(ii) Joining or continuing in unlawful assembly, knowing it has been commanded to disperse. |
| Q.6- | What is punishment for serious nature of assembly? |
| Ans.- | Imprisonment up to two years, or with fine, or with both. |
| Q.7- | Under which section constructive liability of a member of unlawful assembly arise for the act of others? |
| Ans.- | Section 149 deals with constructive liability of every member of unlawful assembly for the act of others. |
| Q.8- | Whether offence under section 149, creates a specific offence? |
| Ans.- | Yes. The SC held that it is not the intention of the legislature in enacting section 149 to render every member of an unlawful assembly liable to punishment for every offence committed by one or more of its members. In order to invoke section 149 it must be shown that the incriminating act was done to accomplish the common object of the unlawful assembly. |
| Q.9- | What is the difference between common intention and common object? |
| Ans.- | Common intention under Section 34 requires prior meeting of minds or pre-arranged plan, i.e. all the accused persons must meet together before the actual attack participated by all takes place. Under Section 149, prior meeting of minds is not necessary. Mere membership of an unlawful assembly at the time of commission of the offence is sufficient. |
| Q.10 | How many persons required for unlawful assembly? |
| Ans.- | Five or more. |
| Q.11 | Whether hiring or connives at the hiring is an offence? |
| Ans.- | Yes. Hiring or connives at the hiring is an offence under section 150. |
| Q.12 | Whether owner or occupier of land on which unlawful assembly was held is liable for any offence? |
| Ans.- | Yes. He is liable up to 6 moths’ imprisonment and/or with fine. |
| Q.13 | Under which section of Cr.P.C. O i/c of police station can use civil force to disperse unlawful assembly. |
| Ans.- | Section 129 of Cr.PC. civil force can be used and under section 130 of CrPC assistance from Armed forces may be taken in dispersing the assembly. |