BACK TO SECTIONSAIR 1965 SC 682
IPC 1860REPEALED
Section 145
Joining or continuing in unlawful assembly knowing it has been commanded to disperse
Replaced by: BNS 192
BailableCognizable: YesAny Magistrate
THE STATUTE
Original Text
Whoever joins or continues in any assembly which is an unlawful assembly within the meaning of section 141, knowing that such unlawful assembly has been commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Simplified
Section 145 creates a higher punishment (2 years) than basic membership (6 months under Section 143) for those who join or continue in an unlawful assembly after a lawful dispersal command has been given. The knowledge of the dispersal command is essential — unknowing persons retain the basic membership charge if the assembly's illegal character is known to them. The escalated punishment reflects the deliberate defiance of lawful authority.
Landmark Precedents
Bhagwan Swarup Lal v. State of Maharashtra (1965)
RELEVANCE
Section 145 requires both knowledge of the unlawful character of the assembly AND knowledge that a dispersal command has been given — both elements must be proved independently.
Practical Scenarios
"A mob continuing to gather at a disputed site after police issue a dispersal order — Section 145."
Common Queries
Section 145 applies where the assembly was already an unlawful assembly (with an illegal common object) and was commanded to disperse. Section 151 applies to any assembly of 5+ likely to cause disorder, whether or not it had an illegal common object, after it is commanded to disperse.