An assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is—
First.— To overawe by criminal force, or show of criminal force, 1[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; or
Second.— To resist the execution of any law, or of any legal process; or
Third.— To commit any mischief or criminal trespass, or other offence; or
Fourth.— By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
Fifth.— By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation.— An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.
COMMENTS
Common Object:
(i) To determine the existence of common object, the Court is required to see the circumstances in which the incident had taken place and conduct of members of unlawful assembly including the weapon of offence they carried or used on the spot; Roy Fernandes v. State of Goa, AIR 2012 SC 1030 (2012) 3 SCC 221 2012 (2) JT 457 2012 Cr LJ 1542
(ii) Common object may form on spur of the moment. Prior concert in the sense of meeting of unlawful assembly members, not necessary; Ramchandran v State of Kerala, AIR 2011 SC 3581 (2011) 9 SCC 257 (2011) 9 SCALE 676.
Footnote
