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State of Punjab, wherein the three remaining accused could not be convicted considering that the other two accused had been acquitted and unless some other persons remained to be named or identified. The Apex court in the case of Mohan Singh v. Also in the case where some persons amongst the accused persons have been acquitted or have evaded justice and thereby bringing the number of the assemblage down to below five, will render section 141 inapplicable, unless any other person involved are unnamed or unidentified. The overall idea behind criminalizing of an unlawful assembly is to prevent the rise of a tumultuous assemblage of persons in order to preserve the public tranquillity or peace and welfare of the public.įor the constitution of an offence of unlawful assembly five ingredients have to be established and they are as follows:Īll such persons may not have the same object initially however, end up developing a common object subsequently. ![]() This article “Offences Against Public Tranquility” deals with the offence of Unlawful Assembly, Rioting, Affray and Promoting Enmity between Classes in detail. Offences Against Public Tranquillity | Overview
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