Section 144 - Joining unlawful assembly armed with deadly weapon

Section 144 IPC states that “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.

Sec 144 Indian Penal Code is the aggravated form of section 143. This section clearly states that the risk to the public tranquillity is aggravated by the intention of using force, evinced by carrying arms or deadly weapons such as pistols, guns, spears, swords, daggers, kirpans, and kantas, etc. 
Sec 144 IPC provides says that where a member of an unlawful assembly is armed with a deadly weapon which is used as a weapon of offence, is likely to cause death, he would be liable to an enhanced punishment which may extend to two years of imprisonment, or with fine, or with both.

Unlawful assembly is defined under Section 141 of IPC (pdf). The section defines unlawful assembly as the group of five or more than five people constituting the unlawful assembly. In this, all the members commit an act with the same intention and object. The common object in the cases of unlawful assembly must be to commit an illegal act as specified in the section.

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These five illegal objects are:

1. To overawe Government by criminal force

2. To resist execution to legal process

3. Commission of an offence

4. Forcible possession or dispossession

5. To compel to do illegal acts

Member of an unlawful assembly is every that person, who joins a group of people involved in committing the acts that are illegal in nature. There are some conditions which are necessary to hold a person guilty for being a member of the unlawful assembly. These conditions are:

1. The person joining the assembly must be aware of the facts which render the assembly unlawful which is clearly specified in section 141 of the Indian Penal Code.

2. The person must intentionally join that assembly, or even if he joined the assembly before being so aware, he must continue in the assembly after becoming so aware of that.

For holding a person guilty under the purview of section 144 Indian Penal Code, it is to be proved that the person did something or has omitted to do an act which he was bound to do. His mere presence does not make him a member of the unlawful assembly and liable to punishment.

As stated earlier, IPC 144 is the aggravated or the more serious form of offence prescribed under section 143. Also, it includes “deadly” weapons which can cause the death of a person. Any person, who commits the offence under the ambit of this section shall be liable to punishment for a term of 2 years of imprisonment or with fine, or with both the measures. 

Joining unlawful assembly armed with the deadly weapon is a cognizable and bailable offence, which can be tried by any Magistrate.