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Offences against the Public Tranquility

• Unlawful Assembly:
1. Introduction:
Article 16 of the constitution of the Islamic Republic of Pakistan 1973, provides “Freedom of
Assembly” as a fundamental rights to each and every citizen of the Pakistan. But where people
make assembly to commit unlawful act, then it would become unlawful assembly in the eye of the
law, if the strength of this assembly is five or more persons, it would become unlawful assembly
which is an offense. Unlawful assembly is a group of such people who have mutual intention and
they start certain acts to attain property of others illegally or consents of others with illegal
manner.

2. Definition of Unlawful Assembly u/Sec 141:

An assembly of five or more persons who have mutual intention to commit a crime or commit to
breach of peace by use of force and common objects of the group is to attain something
unlawfully from others.

3. Essentials of unlawful assembly:

Following are the essential of unlawful assembly. Details are as under:

a. Number of persons:

According to section 141 of the Pakistan Penal Code, In order to call an assembly an
unlawful assembly it is necessary that there must be at least 5 or more persons who have
common intention as it has been mentioned in section 141 of the Pakistan Penal Code. But
in this case, it is the responsibility of the injured person that he should prove that there
was an unlawful assembly consisting of at least five persons.

b. Common object:

It is necessary that the object should be common of the persons who have assembled this
unlawful group. If the object will be common at the time of occurrence of the crime then it
will be called an unlawful assembly. Even if common object is not proved there can be no
objection upon all of them by the court of law.

c. Common object must be unlawful:

Section 141 of the Pakistan Penal Code will apply only if the common object of an assembly
will prove unlawful. If an assembly who is performing a lawful act, even if common object
is not proved unlawful there can be no objection upon all of them by the court of law.

d. Only presence does not make a person member:

According to section 141 of the Pakistan Penal Code, only presence in the assembly does
not make a person the member of an unlawful assembly, until he shows, commits
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something wrong or omits someone to do something. Such commission and omission will
make him a member of unlawful assembly.

4. Methods of commission of unlawful assembly:

Following are the five objects of the unlawful assembly and any one of the five, lawyer will have to
prove before the court of law:

a. Overawe government authority:

According to section 141 of the Pakistan Penal Code, when the purpose of a group of
person is to overawe the Federal Government, Provincial Government, or public servant in
the exercise of the lawful act by use of force, in this case, all person of this group will be
considered as members of unlawful assembly.

b. Resist the execution of law:

According to section 141 of the Pakistan Penal Code, when the group of persons will resist
in the execution of process of law by use of force, in this case, it will be considered as an
unlawful assembly and every person will feel guilt being a member of this assembly.

c. Commission of offense:

According to section 141 of the Pakistan Penal Code, when the group of persons will
commit something wrong or omit someone to do something that he is entitled to do, in
this case such kind of commission or omission will be considered as crime and all of those
person will be considered as member of an unlawful assembly and will be punished by the
court of law.

d. To obtain property or deprive possession:

According to section of 141 of the Pakistan Penal Code, when a group of persons obtain
the property of other or deprives someone from his property by use of force, in this case
all of those person will be considered as member of an unlawful assembly and will be
punished by the court of law.

e. Compel a person to do or not to do a certain act:

According to section 141 of the Pakistan Penal Code, when a group of persons compel
someone to do something which is not legal or compel not to do something which he is
entitled to do, in this case all of those persons will be considered as member of an unlawful
assembly and will be punished by court of law.

5. Who is member of unlawful assembly?

Each of every person will be considered as a member of an unlawful assembly who is aware of the
facts which are unlawful, and joins such assembly as a member of such assembly.
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6. Punishments for Members of unlawful assembly:

Following are the punishments for those people who are the members of unlawful assembly:

1) Imprisonment of either description which may extend to six months,

2) Fine,
3) Both.

7. Punishment for members armed with deadly weapon:

Following are the punishments for those members who joined the assembly with deadly weapons
which is likely to cause death, are:

1) Imprisonment of either description which may extend up to two years.

2) Fine.
3) Both.

8. Vicarious liability:
Under the Pakistan Penal Code, if one person commits a crime in order to achieve the common
object of his unlawful assembly, in this case, all of the persons who are the members of this
assembly will be considered as criminal and vicarious liability will be imposed upon all of them.

• Conclusion:
The meaning of unlawful assembly is that where five or more than five persons get to together in
order to achieve unlawful targets will be considered the members of the an unlawful assembly. If
one of member of the assembly will commit something wrong and attain a piece of land from
someone without his legal consent or deprives someone from his land which is legally recognized,
in this case, vicarious liability will be imposed upon all of them. There are certain types of
punishments for unlawful assembly which are imprisonment, fine and both.

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• Rioting:
1. Introduction:
Under Pakistan Penal Code, the term which is being used for public violence is rioting, which
means where three or more persons who have mutual intention to commit a crime or commit to
breach of peace by use of force and common objects of the group is to attain something
unlawfully from others.

2. Meaning of Rioting:
The word riot has been derived from the French word which means “to take part in public
disturbance”.

3. Definition of rioting u/Sec 146:

Rioting is such criminal offence where five or more persons who have mutual intention to commit
a crime by use of force and common objects of the group is to attain something unlawfully from
others.

4. Essentials of rioting:
Following are the essential elements of rioting. Details are as under:

a. Force:

Under Pakistan Penal Code, the use of force is an essential element in rioting, by using
force criminal obtains properties or others things from people and violates their rights
which has been legally recognized.

b. Unlawful assembly:

In order to call an assembly an unlawful assembly it is necessary that there must be at least
5 or more persons who have common intention. But in this case, it is the responsibility of
the injured person that he should prove that there was an unlawful assembly consisting of
at least 5 persons.

c. Common object:

It is necessary that the object should be common of the persons who have assembled this
unlawful group. If the object will be common at the time of occurrence of the crime then it
will be called an unlawful assembly. Even if common object is not proved, there can be no
objection upon all of them by the court of law.

d. Vicarious liability:

Under the Pakistan Penal Code, if one person commits a crime in order to achieve the
common object of his unlawful assembly, in this case, all of the persons who are the
members of this assembly will be considered as criminal and vicarious liability will be
imposed upon all of them.
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5. Punishments for rioting:

Following are the punishments for those members, who commit riot:

1) Imprisonment of either description which may extend up to two years.

2) Fine.
3) Both.

6. Punishments for rioting armed with deadly weapon:

Following are the punishments for those members, who commit riot with deadly weapons or
anything which is used as weapon can cause death of any one:

1) Imprisonment of either description which may extend up to three years.

2) Fine.
3) Both.
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• Affray:
1. Introduction:
Under Pakistan Penal Code, the term which is being used for private violence is affray and affray is
the fighting of two or more persons in a public place to the terror of ordinary people but the
fighting ought to be with the consent of both parties.

2. Meaning of Affray:
The word Affray has been derived from the French word “effrayer” which means “to affright”.

3. Definition of affray:
Affray is such criminal offence when two or more persons are fighting in a public place with their
mutual consent in order to threat ordinary people.

4. Essential of affray:
Following are the essential elements of affray. Details are as under:

a. Number of person:

Under Pakistan Penal Code, in order to call an offence an affray, there should be shown
two or more person who were involved in fighting and in disturbance to public peace.

b. Fight between such persons:

Under Pakistan Penal Code, in order to call an offence an affray, there should be shown the
element of fighting between the people which is with their mutual consent.
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c. Fight must be at public place:

Under Pakistan Penal Code, in order to call an offence an affray, there should be shown the
fight between the people but at public place.

d. Disturbance of public peace:

Under Pakistan Penal Code, in order to call an offence an affray, there should be the
element of terror to the public. The purpose of this fight should be terror to the people
with mutual consent of the fighting parties.

5. Punishments for affray:

Following are the punishments for those members, who commit affray:

1) Imprisonment of either description which may extend up to one month.

2) Fine which may extend up to Rs. 3000/-.
3) Both.
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• Difference between Rioting and Affray:

Following are the differences between rioting and affray. Details are as under:

Rioting Affray
1. As to place:
Rioting is the type of fight and parties commits riot Affray is the type of fight and parties commits affray
at a private place. at public place.
2. As to assembly:
Riot can only be committed when 5 or more Affray can only be committed when 2 or more
persons involved. persons are involved.
3. As to violence:
Riot is violence, which is the violence of rights of Affray is not violence; its purpose is to terror to the
people. people.
4. As to liability:
In riot, strict liability can be imposed upon all In affray, only fighters will be considered as
members. criminal.
5. As to object:
In riot, there is common object of the members to In affray, there is no common object of the
attain something by force. members.
6. As to punishment:
• In riot, punishment for accused can be up to 2 In affray, punishment for accused can be up to one
years, fine or both. month, fine or both.
• In riot armed with deadly weapon, punishment for
accused can be up to 3 years, fine or both.
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7. As to nature:
Riot is real and has an object. An affray is dramatic in nature, and has no specific
object.

• Conclusion:
Riot is such criminal activity which is being performed by the three or more people in order to obtain
something unlawfully. But affray is such criminal activity which is being performed by the two person at a
public place in order to threat the viewers and it is also a criminal activity and punishable under the
criminal act.

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