No

     Unlawful assembly


             Affray

1)

Definition :

According to Section 141 of Indian Penal Code 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-

First - 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; 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.




Definition :

Section 159 of Indian Penal Code defines Affray –

When two or more persons, by fighting in a public place, disturb the public peace, they are said to "commit an affray".

2)

Numbers of persons :

In case of unlawful assembly there must be an assembly of Five persons or more than five persons. The least number must be five persons.


Numbers of persons:

Two or more persons. The least of numbers must be two

3)

An unlawful assembly can take place in private as well as public place.


Affray must takes place in a public place only.

4)

Punishment :

Whoever is a member of an unlawful assembly shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
( Section 143 I.P.C)


Punishment :  

  Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both. (Section 160 I.P.C)






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