BNS Section 175 - Unlawful Assembly
An assembly of five or more persons is designated an "unlawful assembly" if the common object of the persons composing that assembly is to overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant.
Official Text
“An assembly of five or more persons is designated an "unlawful assembly" if the common object of the persons composing that assembly is to overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant.”
Legal Analysis
Elements to Prove:
- Assembly of five or more persons.
- Common object to overawe government or public servants.
- Use or show of criminal force.
Potential Defenses:
- Less than five persons.
- No common object.
- Peaceful assembly.
Practical Examples
What Constitutes the Offense:
Mob gathering to intimidate government officials, threatening demonstrations, violent protests.
What Doesn't Constitute:
Peaceful assemblies, legitimate political gatherings, or lawful demonstrations.
Punishment
Imprisonment up to 6 months, or Fine up to ₹1,000, or both