IPC Section 145
π Bare Act Language (Simplified)
Section 145 of the Indian Penal Code (IPC), 1860:
"Whoever, being aware that an unlawful assembly has been commanded to disperse, intentionally joins that assembly or continues in it, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."
π Key Elements of Section 145 IPC
Unlawful Assembly:
The person must be part of an unlawful assembly as defined under Section 141 IPC (i.e., a group of 5 or more people with a common unlawful objective like resisting law enforcement, committing mischief, trespass, etc.)
Knowledge of Dispersal Order:
The person must know that an order has been given by lawful authority (like a police officer or magistrate) to disperse the assembly.
Intentional Participation:
Even after this knowledge, the person must intentionally join or continue in the assembly.
βοΈ Punishment
Imprisonment: Up to 2 years
Fine: As decided by the court
Or both
π Purpose of Section 145 IPC
To maintain public order.
To enforce respect for lawful authority.
To deter people from participating in mobs or riots after being asked to disperse.
π§ Illustrative Example
Letβs say a group of 20 people gather in front of a government office protesting without permission. The police declare the assembly unlawful under Section 144 CrPC and order everyone to disperse.
If Ravi, who was not initially part of the group, joins the protest after the dispersal order is announced β or if someone else already present refuses to leave β they can be charged under Section 145 IPC.
π Related Sections
| Section | Relevance |
|---|---|
| Section 141 IPC | Defines what is an unlawful assembly |
| Section 143 IPC | Punishment for being a member of an unlawful assembly |
| Section 144 CrPC | Allows magistrates to prohibit gatherings in urgent situations |
| Section 146 IPC | Punishment for rioting |
| Section 147 IPC | Punishment for rioting (with force or violence) |
π‘οΈ Defenses Possible
Lack of knowledge about the dispersal order.
Proving non-participation in the assembly.
If the assembly was not unlawful to begin with.
If the order to disperse was not legally valid.
β Summary
| Aspect | Detail |
|---|---|
| Section | 145 IPC |
| Offense | Joining or continuing in an unlawful assembly after being told to disperse |
| Knowledge Required | Yes, must be aware of dispersal order |
| Punishment | Up to 2 years, or fine, or both |
| Cognizable | Yes |
| Bailable | Yes |
| Triable By | Magistrate of the first class |
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