An assembly of five or more persons is designated as an Unlawful Assembly if the common object of the persons composing that assembly is:
- To use criminal force or show of criminal force against any person.
- To take or obtain possession of any property by force.
- To commit any mischief or criminal trespass.
- To resist the execution of any law or legal process.
- To commit any offence.
Punishment:
- Section 149: Every member of an unlawful assembly is guilty of any offence committed by any member of that assembly in prosecution of the common object.
- Section 150: Punishment for being a member of an unlawful assembly — Imprisonment up to 6 months, or fine, or both.
- Section 151: Punishment for joining or continuing in an unlawful assembly after it has been commanded to disperse — Imprisonment up to 6 months, or fine, or both.
- Section 152: If the assembly does not disperse on the order of a public servant — Imprisonment up to 2 years, or fine, or both.
Whoever does any act, or is guilty of an illegal omission, which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right, is said to commit Public Nuisance.
In simple words: Public Nuisance is an act or omission that affects the public at large by causing inconvenience, danger, or obstruction to the enjoyment of common rights.
Essential Ingredients:
- Act or Illegal Omission — There must be some positive act or failure to perform a legal duty.
- Common Injury to Public — The effect must be on the public in general, not on one or a few individuals.
- Unlawfulness — The act or omission must be unlawful or unreasonable.
- Injury, Danger or Annoyance — It must cause harm to public health, safety, comfort or public rights.
Punishment:
- Section 290: Whoever commits a public nuisance shall be punished with a fine up to ₹500.
- Section 291: If a person continues to commit the nuisance even after being ordered by a Magistrate to discontinue it, he shall be punished with imprisonment up to 6 months, or fine, or both.
