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    1.unlawful Assembly

    Uploaded by

    Faique Memon
    Unlawful assembly involves a group of 5 or more people with a common unlawful intention or objective. Some key points of unlawful assembly under Pakistan law include: 1) It requires a minimum of 5 people with a common unlawful goal such as committing a crime, disturbing law and order, or depriving someone of property. 2) Merely being present does not make one a member; one must commit or omit an unlawful act. 3) Punishments for members include up to 6 months imprisonment, fines, or both. Armed members can face up to 2 years imprisonment. 4) If one member commits an unlawful act to achieve the group's objective, all members can face vicarious liability.

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    1.unlawful Assembly

    Uploaded by

    Faique Memon
    601 views3 pages
    Unlawful assembly involves a group of 5 or more people with a common unlawful intention or objective. Some key points of unlawful assembly under Pakistan law include: 1) It requires a minimum of 5 people with a common unlawful goal such as committing a crime, disturbing law and order, or depriving someone of property. 2) Merely being present does not make one a member; one must commit or omit an unlawful act. 3) Punishments for members include up to 6 months imprisonment, fines, or both. Armed members can face up to 2 years imprisonment. 4) If one member commits an unlawful act to achieve the group's objective, all members can face vicarious liability.

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    1.Unlawful Assembly

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    Unlawful assembly involves a group of 5 or more people with a common unlawful intention or objective. Some key points of unlawful assembly under Pakistan law include: 1) It requires a minimum of 5 people with a common unlawful goal such as committing a crime, disturbing law and order, or depriving someone of property. 2) Merely being present does not make one a member; one must commit or omit an unlawful act. 3) Punishments for members include up to 6 months imprisonment, fines, or both. Armed members can face up to 2 years imprisonment. 4) If one member commits an unlawful act to achieve the group's objective, all members can face vicarious liability.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    601 views3 pages

    1.unlawful Assembly

    Uploaded by

    Faique Memon
    Unlawful assembly involves a group of 5 or more people with a common unlawful intention or objective. Some key points of unlawful assembly under Pakistan law include: 1) It requires a minimum of 5 people with a common unlawful goal such as committing a crime, disturbing law and order, or depriving someone of property. 2) Merely being present does not make one a member; one must commit or omit an unlawful act. 3) Punishments for members include up to 6 months imprisonment, fines, or both. Armed members can face up to 2 years imprisonment. 4) If one member commits an unlawful act to achieve the group's objective, all members can face vicarious liability.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Q # 01: What are essentials of unlawful assembly as well as

    define punishments for members of unlawful assembly.


    1) Introduction
     Article 16 of the constitution of the Islamic Republic of Pakistan 1973, provides “Freedom of
    Assembly” as a fundamental rights to each and every citizen of the Pakistan. But where
    people make assembly to commit unlawful act, then it would become unlawful assembly in
    the eye of the law, if the strength of this assembly is five or more persons, it would become
    unlawful assembly which is an offense. Unlawful assembly is a group of such people who
    have mutual intention and they start certain acts to attain property of others illegally or
    consents of others with illegal manner

    2) Meaning of unlawful assembly


     A meeting of three or more persons who have the mutual intention to commit a crime or
    commit to breach of peace

    3) Definition of unlawful assembly


     An assembly of five or more persons who have mutual intention to commit a crime or
    commit to breach of peace by use of force and common objects of the group is to attain
    something unlawfully from others

    4) Essentials of unlawful assembly


    Following are the essential of unlawful assembly. Details are as under

    1. Number of persons
     According to section 141 of the Pakistan Penal Code, In order to call an assembly an
    unlawful assembly it is necessary that there must be at least 5 or more persons who have
    common intention as it has been mentioned in section 141 of the Pakistan Penal Code.
     But in this case, it is the responsibility of the injured person that he should prove that
    there was an unlawful assembly consisting of at least five persons

    2. Common object
     It is necessary that the object should be common of the persons who have assembled
    this unlawful group. If the object will be common at the time of occurrence of the crime
    then it will be called an unlawful assembly. Even if common object is not proved there
    can be no objection upon all of them by the court of law

    3. Common object must be unlawful


     Section 141 of the Pakistan Penal Code will apply only if the common object of an
    assembly will prove unlawful. If an assembly who is performing a lawful act, Even if
    common object is not proved unlawful there can be no objection upon all of them by the
    court of law

    4. Only presence does not make a person member


     According to section 141 of the Pakistan Penal Code, only presence in the assembly does
    not make a person the member of an unlawful assembly, until he shows commits
    something wrong or omits someone to do something such commission and omission will
    make him a member of unlawful assembly

    5) Methods of commission of unlawful assembly


    Following are the five objects of the unlawful assembly and any one of the five, lawyer
    will have to prove before the court of law

    1. Overawe (Drana) govt authority


     According to section 141 of the Pakistan Penal Code, when the purpose of a group of
    person is to overawe the federal government, provincial government, or public servant in
    the exercise of the lawful act by use of force, in this case, all person of this group will be
    considered as members of unlawful assembly

    2. Resist the execution of law


     According to section 141 of the Pakistan Penal Code, when the group of persons will
    resist in the execution of process of law by use of force, in this case, it will be considered
    as an unlawful assembly and every person will feel guilt being a member of this assembly

    3. Commission of offense
     According to section 141 of the Pakistan Penal code, When the group of persons will
    commit something wrong or omit someone to do something that he is entitled to do, in
    this case such kind of commission or omission will be considered as crime and all of those
    person will be considered as member of an unlawful assembly and will be punished by
    the court of law

    4. To obtain property or deprive possession


     According to section of 141 of the Pakistan Penal Code, when a group of persons obtain
    the property of other or deprives someone from his property by use of force, in this case
    all of those person will be considered as member of an unlawful assembly and will be
    punished by the court of law

    5. Compel a person to do or not to do a certain act


     According to section 141 of the Pakistan Penal Code, when a group of persons compel
    someone to do something which is not legal or compel no to do something which he is
    entitled to do, in this case all of those persons will be considered as member of an
    unlawful assembly and will be punished by court of law

    6) Who is member of unlawful assembly


     Each of every person will be considered as a member of an unlawful assembly who is
    aware of the facts which are unlawful, and joins such assembly as a member of such
    assembly

    7) Punishments for Members


    Following are the punishments for those people who are the members of unlawful
    assembly

    1) Imprisonment which can extend to six months


    2) Fine
    3) Both

    8) Punishment for weaponed members


    Following are the punishments for those members who joined the assembly with deadly
    weapons

    1) Imprisonment which can be extend up to two years


    2) Fine
    3) Both

    9) Vicarious liability
     Under the Pakistan penal code, if one person commits a crime in order to achieve the
    common object of his unlawful assembly, in this case, all of the persons who are the
    members of this assembly will be considered as criminal and vicarious liability will be
    imposed upon all of them

    10) Conclusion
     The meaning of unlawful assembly is that where five or more than five persons get to
    together in order to achieve unlawful targets will be considered the members of the an
    unlawful assembly. If one of member of the assembly will commit something wrong and
    attain a piece of land from someone without his legal consent or deprives someone from
    his land which is legally recognized, in this case, vicarious liability will be imposed upon all
    of them. There are certain types of punishments for unlawful assembly which are
    imprisonment, fine and both

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