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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.

Legal Evolution

Section 145 addresses persons who join or continue in an unlawful assembly after it has been commanded to disperse under Section 144 CrPC. The provision gives criminal teeth to the magistrate's dispersal order, making deliberate defiance a substantive offence. It reflects the colonial government's concern with maintaining public order during mass gatherings and has been applied extensively in situations involving political protests, labour unrest, and communal assemblies.

Landmark Precedents

Bhagwan Swarup Lal v. State of Maharashtra (1965)

AIR 1965 SC 682
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.