BACK TO SECTIONSAIR 1989 SC 754
BailableCognizable: YesAny Magistrate
THE STATUTE
Original Text
Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.
Simplified
Section 142 defines the crucial knowledge requirement for unlawful assembly membership — a person must be AWARE of the facts making the assembly unlawful before they can be considered a member. Innocent participants who join an assembly not knowing its illegal character and who leave once they discover it cannot be convicted under Section 143. The 'intentionally joins' and 'continues in it' language covers both initial membership and staying in an assembly after its illegal nature becomes known. This is the safeguard preventing random bystanders who happen to be near an unlawful assembly from being charged merely by their presence.
Legal Evolution
Section 142 defines membership in an unlawful assembly — a continuing offence that attaches liability from the moment a person knowingly joins or remains in such an assembly. Derived from English riot law, the provision has been consistently applied in post-Independence India to communal riots, political protests that turn violent, and mob attacks. Courts have held that passive presence in an unlawful assembly, combined with knowledge of its unlawful character, suffices for conviction.
Landmark Precedents
Lalji v. State of UP (1989)
RELEVANCE
Knowledge of the assembly's unlawful nature is essential for Section 142 membership — a person who joins without knowledge of the illegal common object cannot be convicted as a member.
Practical Scenarios
"A person who joins a protest knowing it was declared unlawful by authorities — Section 142."
"A person who continues standing in a crowd after police announce it is an unlawful assembly — Section 142."
Common Queries
Only if they knew the assembly was unlawful and intentionally joined or continued in it. A person who wanders into an unlawful assembly unknowingly is not a member under Section 142.