BACK TO SECTIONSAIR 1965 SC 202
BailableCognizable: YesAny Magistrate
THE STATUTE
Original Text
Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Simplified
Section 143 punishes mere membership in an unlawful assembly — every member of the assembly is guilty once the common object is proved, regardless of whether they personally committed a violent act. The 6-month maximum is relatively modest, reflecting that membership without violence is at the lowest end of collective criminal liability. The punishment escalates significantly if force is used (rioting — Section 147, 2 years), deadly weapons are present (Section 148, 3 years), or death results (collective murder liability under Section 149 r/w 302).
Landmark Precedents
Masalti v. State of UP (1964)
RELEVANCE
In large mob situations, membership in the unlawful assembly at the time of violence satisfies Section 143 — individual act attribution is not required.
Practical Scenarios
"Being part of a group that refuses to disperse after a lawful order by a magistrate."
"Remaining in an unlawful assembly knowing its criminal object but not personally committing any act."
Common Queries
Yes — membership in an unlawful assembly is a bailable offence.