Meaning and Ingredients for CLAT - Practice Questions & MCQ

Meaning of Unlawful Assembly:

• An unlawful assembly refers to a gathering of people with the intention of committing a crime or engaging in activities that are illegal or violent.
• It's important to understand that the mere act of people coming together isn't inherently unlawful. 
• What determines the legality of the assembly is the intent behind it and the potential consequences of their actions.

Ingredients of Unlawful Assembly:

• At least five  Individuals: For an assembly to be considered unlawful, it must involve a minimum of five individuals. If there are only two people, it doesn't meet the criteria of an unlawful assembly.
• Common Unlawful Purpose: The individuals in the assembly must share a common object or purpose. This means they must have a similar goal that is unlawful in nature, such as planning a crime or causing public chaos.
• Unlawful Object: The shared purpose of the assembly must involve activities that are unlawful, like plotting a crime, engaging in violence, or causing a disturbance. If the purpose is lawful, the assembly doesn't qualify as unlawful.
• Intent to Breach Peace: An essential aspect of an unlawful assembly is the intention to disrupt public peace or engage in criminal actions. The potential consequences of their gathering should have the capacity to breach peace or lead to criminal behavior.

Examples:

• Peaceful Protest Turning Violent: Suppose a group gathers to peacefully protest a government policy. However, some members of the group suddenly turn violent, damaging public property. In this case, the assembly transforms into an unlawful assembly due to the change in intent and the potential breach of peace.
• Planned Robbery: Imagine a gang of individuals assembling in a secluded area, armed with masks and weapons. They openly discuss and plan to rob a nearby jewelry store. This assembly becomes unlawful due to its criminal intent and potential to breach peace through the intended robbery.

Indian Constitutional Perspective:

• The Indian Constitution, under Article 19, guarantees the right to assemble peacefully and without arms. However, this right is not absolute; it can be restricted in the interest of public order and morality.
• Peaceful assemblies are protected, but an assembly with an unlawful or violent intent can be deemed unlawful and legally restricted by law.

Case Law - Kedarnath v. State of Bihar (1962):

• Common Object: An assembly is deemed unlawful when there is a shared common object that could lead to a breach of public peace or the commission of a crime.
• Intention Matters: Participants must have the intention to achieve the common object for the assembly to be considered unlawful.
• Advocacy vs. Intent: Mere advocacy of ideas critical of the government is not sufficient to label an assembly unlawful. Intent to achieve an unlawful object is essential.
• Freedom of Expression: The case upheld the importance of protecting the fundamental right to freedom of speech and expression, even in critical discussions of government policies.
• Balancing Act: The judgment emphasizes the delicate balance between the right to express dissent and the need to maintain public order.
• Conclusion: The case reinforces the necessity of both a shared common object and an intention to achieve that object in determining whether an assembly is unlawful, while also highlighting the constitutional significance of free speech rights.