Section 145 of Indian Penal Code, 1860:
Whoever joins or continues in an unlawful assembly knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.
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ADVERTISEMENTS:
Ingredients:
Following are the ingredients: —
(a) The unlawful assembly has been commanded to disperse; and
(b) The accused joins such assembly knowing this fact.
ADVERTISEMENTS:
Knowingly, joining or continuing in assembly of five or more persons after it has been commanded to disperse:
Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both,
Explanation:
If the assembly is an unlawful assembly within the meaning of Section 141, the offender will be punishable under Section 145 (Section 151).
ADVERTISEMENTS:
Section 145 and Section 151 are founded upon the same principle. When any unlawful assembly or any assembly, of five or more persons likely to cause a breach of public peace is commanded to disperse by any Magistrate or officer-in-charge of a police station, it shall thereupon be the duty of the members of such assembly to disperse accordingly.
Under permission from the police a public meeting was held with the object of discussing matters relating to arrest of two trade union leaders concerned in the strike of railway employees keeping in view the object with which the meeting was held all those who attended the meeting were only expected to know that there would be a discussion of matters relating to the arrest of the two trade union leaders.
None of them could be said to have shared the object which two speakers at the meeting had to incite the police force to rise in revolt against the Government and paralyse it as made out from their speeches. The other speakers simply called upon the persons present at the meeting to support the railway strike.
The object to overawe by criminal force or show of criminal force the Central or the State Government, even if it is assumed to have been made out from the speeches of the two speakers was not shared by the other speakers.
The assembly thus would not be said to have been unlawful assembly. Since the assembly was not an unlawful assembly, the command given to it to disperse and the violation of such command would not make an offence under Section 145, I.P.C. It is only when an assembly is an unlawful one as defined in Section 141, I.P.C., and is commanded to disperse; any person who joins or continues in such assembly commits an offence under Section 145, I.P.C.