IPC Section 144 - Joining Unlawful Assembly Armed with a Deadly Weapon

Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

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Bailable, Cognizable

Official Text

“Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

Legal Analysis

Elements to Prove:

  • The accused was a member of an unlawful assembly (as per §141 and §142).
  • The accused was armed with a weapon.
  • The weapon was "deadly" or, if used offensively, was "likely to cause death."

Potential Defenses:

  • An accused can use all the defenses available against a charge under §143.
  • Additionally, they can argue that the object they were carrying does not qualify as a deadly weapon or was possessed for a lawful purpose with no intention of being used as a weapon of offense.

Practical Examples

What Constitutes the Offense:

A group forms an unlawful assembly with the common object of committing criminal trespass. Several members of the group are carrying swords, iron rods, and large knives. These armed members are liable for the enhanced punishment under Section 144.

What Doesn't Constitute:

A member of the same unlawful assembly who is unarmed. That person would be punished under Section 143. Also, a security guard lawfully carrying a firearm who is simply near an unlawful assembly but is not a part of it, is not guilty.

Important Case Laws

Gouranga Sahu v. State of Orissa (1998)

The court discussed the meaning of "deadly weapon." It held that an object's classification as a "deadly weapon" depends not just on the object itself, but also on the intent with which it is carried and used. An agricultural tool or even a heavy stick (lathi) can be considered a deadly weapon if carried with the intent to use it to cause serious harm.

Punishment

Imprisonment for up to 2 years, or a Fine, or both

Related Information

Connected Sections:

This section is an aggravated (more serious) form of the offense under §143. It recognizes the increased threat to public peace when members of an unlawful assembly are armed.

Procedural Aspects:

No government sanction is required. The offense is triable by any Magistrate.

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