IPC Section 158 - Being Hired to Take Part in an Unlawful Assembly or Riot
Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. Or to go armed.— and whoever, being so engaged or hired as aforesaid, goes armed, or offers or attempts to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Official Text
“Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. Or to go armed.— and whoever, being so engaged or hired as aforesaid, goes armed, or offers or attempts to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, 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 hired, engaged, or offered to be hired.
- The purpose of this hiring was to participate in an unlawful assembly or riot.
Potential Defenses:
- The accused can argue they were not hired and were participating of their own free will.
- They could also argue that they were hired for a lawful purpose (e.g., as event security) and were unaware that the plan was to form an unlawful assembly.
Practical Examples
What Constitutes the Offense:
A student in Hyderabad is offered ₹1,000 to join a protest that intends to block a major road. The student accepts the money and joins the unlawful assembly. They are guilty under this section. If they are also handed a heavy chain to use as a weapon, they face the higher punishment.
What Doesn't Constitute:
A person who joins the same protest out of personal conviction or anger, without any offer or acceptance of payment or reward. Their offense would be punishable under §143 (unlawful assembly), but not the specific offense of being hired under §158.
Important Case Laws
Hired Goon Liability
This section criminalizes the act of being a "hired goon." A conviction requires proof of an offer and acceptance of employment or payment for the specific purpose of joining an unlawful assembly or riot. The evidence could be circumstantial, such as a group of unknown people being transported to a location and being paid by a single source.
Punishment
It is two-tiered: For being hired for an unlawful assembly: Imprisonment up to 6 months, or Fine, or both. For being hired and going armed with a deadly weapon: Imprisonment up to 2 years, or Fine, or both.
Related Information
Connected Sections:
This section is the final piece of the puzzle for tackling manufactured mob violence. §150 punishes the hirer, §157 punishes the one who provides shelter to the hired persons, and §158 punishes the person who gets hired.
Procedural Aspects:
No government sanction is required. The offense is triable by any Magistrate.