Section 144 of Indian Penal Code, 1860:
Whoever being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, 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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Ingredients:
Following are the ingredients:
(a) The accused is a member of an unlawful assembly; and
(b) The accused is armed with any deadly weapon.
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This section provides for an enhanced punishment where a member of an unlawful assembly is armed with a deadly weapon. Where the accused were proved to have shared the common object of committing mischief connected with the offence of roiting with the mob who have been proved to be carrying deadly weapons the accused notwithstanding that they were not armed with deadly weapons cannot be absolved from conviction under Section 144 of the Code?