Unlawful assembly

Hong Kong

The Public Order Ordinance (chapter 245 of the laws of Hong Kong) defines "unlawful assembly" (§18) as an assembly of three or more people conducting themselves in a "disorderly, intimidating, insulting or provocative manner intended or likely to cause a person reasonably to fear that the people so assembled will conduct a breach of the peace or will by such conduct provoke other persons to commit a breach of the peace". people taking part in unlawful assemblies can be punished with up to five years' imprisonment (if indicted) or a level 2 fine (HK$5000) and imprisonment for three years (on summary conviction).

India

Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 empowers an executive magistrate to issue orders in urgent cases of nuisance or apprehended danger. Though the scope of Section 163 is wider, it is often used to prohibit assembly of one or more persons when unrest is anticipated. Section 148 of the BNSS grants Executive Magistrates and Police officers in charge of a police station and above the power to order dispersal of, disperse and cause to be dispersed any unlawful assembly. Section 149 authorizes an Executive Magistrate to obtain the aid of the Armed Forces to disperse any such assembly, and Section 150 grants any Gazetted Officer of the Armed Forces the power to use his troops to disperse a manifestly dangerous assembly even without command from a Magistrate (he must, however, contact an Executive Magistrate as soon as possible and then follow his instructions while taking any further actions).

The law grants authority to issue such orders to the District Magistrate, the Additional District Magistrate, the Sub-divisional Magistrate, and any other Executive Magistrate specially empowered by the State Government.

The definition of 'unlawful assembly', according to Indian law, is laid down in Section 189 of the Bharatiya Nyaya Sanhita. According to this section, an assembly of five or more persons becomes unlawful when its purpose is or becomes:

1. To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant;

2. To resist the execution of any law, or of any legal process;

3. To commit any mischief or criminal trespass, or other offence;

4. By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right;

5. By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

Section 191 defines 'rioting' is defined as the offence every member of an unlawful assembly commits, when that assembly or any member of such assembly uses force or violence in pursuit of their common intent.

According to Sections 189-191 of the BNS, the maximum punishment for engaging in rioting is rigorous imprisonment for 3 years and/or fine. Every member of an unlawful assembly can be held responsible for a crime committed by the group. Obstructing an officer trying to disperse an unlawful assembly may attract further punishment.

In about 1861, Officer Raj-Ratna E.F. Deboo IPS was the designer and architect of section 144, which reduced overall crime in that time in the state of Baroda. He was recognized for his initiative and awarded a gold medal by the Maharaja Gaekwad of Baroda for putting Section 144 in place and reducing overall crime. Section 144 of CrPC has been replaced by section 163 of BNSS.

Northern Ireland

The offence of unlawful assembly in Northern Ireland applies if a person is a member of an assembly of three or more persons which is either causing a disturbance or giving rise to a reasonable apprehension of a breach of the peace.

United States

In New York State in the United States, a person is guilty of unlawful assembly when he "assembles with four or more other persons for the purpose of engaging or preparing to engage with them in tumultuous and violent conduct likely to cause public alarm, or when, being present at an assembly which either has or develops such purpose, he remains there with intent to advance that purpose."

Notes

References

References

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