When five or more person with common object to;
- Overawe by criminal force authority of Govt.
- Resist the execution of law.
- Cause mischief or criminal trespass
- Using criminal force to obtain the possession of property
- Using criminal force to compel a person to do anything illegal or without his consent
Every member of such unlawful assembly is liable and has vicarious liability. For proving vicarious liability it must be proved that person done some overt act. Mere presence of person at the spot is no sufficient.
- Punishment for being the member of unlawful assembly is imprisonment up to 6 months u/s 143.
- Joining unlawful assembly and armed with deadly weapon is punishable with imprisonment up to 2 year u/s 144.
Rioting u/s 146
Followings are the essentials of rioting;
- An unlawful assembly
- Force or violence is used by such unlawful assembly
- Furtherance of common object
Punishment of rioting is imprisonment up to 2 year.